
Manage a legacy va appeal | veterans affairs
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YOU FILE A NOTICE OF DISAGREEMENT For old decisions, you had to have filed a Notice of Disagreement (VA Form 21-0958) within 1 year of the date on your claim decision letter. This VA form is
no longer in use. For new disagreements with decisions dated before February 19, 2019, you’ll need to file a Supplemental Claim. For disagreements with decisions dated February 19, 2019, or
later, you’ll need to use 1 of the 3 new decision review options. Learn more about Supplemental Claims Learn more about VA decision reviews WE SEND YOU A STATEMENT OF THE CASE After you
file your Notice of Disagreement, we review all the evidence related to your appeal, including any new evidence you sent. If we determine that there wasn’t enough evidence to fully grant
your appeal, we send you our findings in a document called a Statement of the Case. IF YOU DISAGREE WITH OUR STATEMENT OF THE CASE NOTE: At this step you may be able to opt in to 1 of the 3
new decision review options. If you opt in, you can’t return to the legacy appeals process. FOR A STATEMENT OF THE CASE DATED BEFORE FEBRUARY 19, 2019, YOU MUST CONTINUE WITH THIS LEGACY
APPEALS PROCESS. Return VA Form 9 (PDF) to the VA regional office within 60 days from the date on the Statement of the Case to continue your appeal. Get VA Form 9 to download FOR A STATEMENT
OF THE CASE DATED ON OR AFTER FEBRUARY 19, 2019, YOU HAVE 2 OPTIONS: * YOU CAN CONTINUE THE LEGACY APPEALS PROCESS. Return VA Form 9 (PDF) to the VA regional office within 60 days from the
date on the Statement of the Case. Get VA Form 9 to download * OR YOU CAN OPT IN TO 1 OF THE 3 NEW DECISION REVIEW OPTIONS. You can opt in within 60 days from the date on the Statement of
the Case. The remaining legacy appeals steps don’t apply if you opt in to one of the new options. Learn how to choose a decision review option THE VETERANS BENEFITS ADMINISTRATION PREPARES A
SUPPLEMENTAL STATEMENT OF THE CASE (OPTIONAL) You can submit new evidence for your appeal at any time in the process. If you submit new evidence after you receive a Statement of the Case,
we may need to prepare a Supplemental Statement of the Case before sending your case to the Board of Veterans’ Appeals. NOTE: At this step you may be able to opt in to 1 of the 3 new
decision review options. If you opt in, you can’t return to the legacy appeals process. FOR A SUPPLEMENTAL STATEMENT OF THE CASE DATED ON OR AFTER FEBRUARY 19, 2019, YOU HAVE 2 OPTIONS: *
YOU CAN CONTINUE THE LEGACY APPEALS PROCESS. Go to step 5. * OR YOU CAN OPT IN TO 1 OF THE 3 NEW DECISION REVIEW OPTIONS. You can opt in within 60 days from the date on the Supplemental
Statement of the Case. The remaining legacy appeals steps don’t apply if you opt in to one of the new options. Learn how to choose a decision review option WE SEND YOUR APPEAL TO THE BOARD
We finish the review and send your case to the Board of Veterans’ Appeals. The Board reviews cases in the order they received them according to the date on your VA Form 9. A Veterans Law
Judge will begin work on your appeal when it’s among the oldest appeals ready for their review. NOTE: If you find new evidence after we send your case to the Board, you must submit that
evidence directly to the Board of Veterans’ Appeals. REQUEST TO HAVE YOUR APPEAL ADVANCED ON THE DOCKET (OPTIONAL) If you suffer from a serious illness, are in financial distress, or have
other sufficient cause (a reason for needing your appeal reviewed sooner), you can request the “Advanced on Docket” status for your appeal. Advanced on Docket appeals are prioritized so
they’re always at the front of the line. If you’re over 75 years old, your appeal will receive this status automatically. Learn how to request the Advanced on Docket status YOU HAVE A
HEARING (OPTIONAL) You have the option to request a hearing with a Veterans Law Judge. At your hearing, the judge will ask you questions about your appeal. The Board will make a transcript
of your hearing and add it to your appeal file. The judge won’t make a decision about your appeal at the hearing. Learn more about hearings at the Board THE BOARD MAKES ITS DECISION The
Board reviews your appeal and provides a decision on each issue in your appeal. The Board decides each issue in 1 of 3 ways: * ALLOWED: The Board grants benefits. * REMANDED: The Board needs
more evidence to make a decision and returns your appeal to the Veterans Benefits Administration. After the Veterans Benefits Administration gets the requested evidence, it will then make a
new decision on the appeal. If the Veterans Benefits Administration can’t grant all or part of your appeal, it will prepare a new Supplemental Statement of the Case and return the appeal to
the Board. * DENIED: The Board doesn’t grant benefits.