Written by Peter Gaytan

Once your local VA Regional Office sends you the Statement of the Case (SOC), the clock starts ticking again.

You have 60 days from the date when the local VA office mails you the SOC (not the date you receive the SOC), to file a Substantive Appeal. You do that by completing VA Form 9 (included in the packet that had the SOC). While you can complete this form by yourself, it would be wise to get help from a VSO or from your State Veterans Office (see Appendix 8 for a list of all State Veterans Offices).

 

In completing VA Form 9, you have three objectives:

(1) State clearly the benefit(s) you want

(2) Identify, point-by-point, the mistakes the VA made in denying your claim(s)

(3) Add in any evidence that supports your case by proving the SOC is wrong

Do not use inflammatory language. Keep your claim straightforward, civil, logical, and stated in clear, point-by-point language. You may be justifiably angry or confused by the VA’s decision to deny your claim, but keep your eyes focused on your long-term goal. You want to clearly present the evidence to prove your claim was unjustly denied.

In VA Form 9, include evidence that supports your argument that the VA determination was wrong. Be specific: for example, include records from your doctor (recent medical treatment or evaluations), as well as waivers granted due to physical inability to perform functions at work. Your appeals representative will help you complete the form and advise you of the support documentation that will strengthen your case.

Send VA Form 9 back to your local VA office – again by registered mail, return receipt requested, so you have proof of delivery.

IF YOU MOVE

You normally file a Notice of Disagreement with the same local regional VA office that issued the determination. That is where your claims file (also called a claims folder) is housed. If you move, you should request, in writing, that the claims file also be moved to a local VA office close to your current residence and all appeals should be directed to the new RO.

EXCEPTION TO THE 60 DAYS RULE

Once the SOC has been mailed, the rule is that you have 60 days in which to file your appeal. But here’s the exception.

You have one year to appeal following the mailing of the original determination of your claim. If there is still time left in your one-year window of opportunity to appeal beyond the 60 days, then you are entitled to use up the entire remaining days. Here’s the VA formula:

Regional Office determination mailing date + 1 year

OR SOC + 60 days

For example:

VA’s notice of rating decision is 6/1/07 and veteran files an NOD on 7/1/07. VA issues an SOC on 8/1/07.  The veteran has until 6/1/08 to file the Form 9.  If the veteran waited until 5/1/08 to file the NOD and VA issued the SOC on 6/30/08, the veteran has 60 days to file the Form 9 (this is because the veteran filed the NOD prior to the expiration of the year but since VA issued the SOC after the expiration the veteran is allowed 60 days to file the Form 9 since he/she got the NOD in before the year deadline.)

Whichever date is later, that is the date the VA Form 9 must be received at the local VA office. But don’t delay simply because you have more time. Remember: if you miss the deadline, the original determination is considered final.

You can also request an extension of the 60-day period for filing a Substantive Appeal (as well as for responding to a Supplemental Statement of the Case (SSOC), see next page). You will need to show “good cause” for the extension, and should document your reason for the extension request. For example, if you have been hospitalized and can’t meet the deadline for filing, your written request should include a statement from your doctor documenting your recent hospital stay. Generally these requests for an extension are routinely granted the first time.

Next week: Different Deadlines for Certain Appeals

Peter S. Gaytan is the author of For Service to Your Country, The Insider’s Guide to Veterans’ Benefits (Citadel, 2008), available from Amazon, Barnes and Noble, and other booksellers. He has served as an advocate in securing and protecting the earned benefits of America’s veterans for more than a decade. Gaytan is the Executive Director of the American Legion, the largest veterans service organization in America.

*Material released with permission of the authors.