In the Legacy appeals system, a VA Form 9 Substantive Appeal allows you to by ingperfect your case to the Board of Veterans’ Appeals (BVA). If after receiving your Notice of Disagreement VA continues to deny your claim, you will receive a Statement of the Case (SOC), a procedural document that provides more information about the reasons for the denial. Along with the SOC, it sends VA Form 9, giving you the chance to move forward to the next step in the appeals process.
VA Form 9 provides space for you to explain to the Board why you believe VA made an error in denying your appeal. You may attach documentation to support your assertions, which is recommended for the best chance of a favorable outcome.
Information to Include When Filling Out VA Form 9
VA Form 9 is short and concise. There is only one page to fill out, plus a second page if you need additional space to explain your reasoning, and a third page of instructions and FAQs — which are helpful to read before submitting the form.
The form requests basic information such as your name, claim number, and contact information (home and work phone numbers and address). Next, there is a small space to list the specific issues you have with VA’s decision as described in the Statement of the Case. Below that, there is a much larger space to explain in detail why you believe you were wrongly denied. You can use all of the second page as well, if necessary.
Once you have received your Statement of the Case from VA, it is best to fill out VA Form 9 and submit your appeal to the Board as quickly as possible. As stated in the instructions printed on page 3 of the form, you have only 60 days VA from the date of the Statement of the Case to file your Form 9.
What Happens When VA Receives My VA Form 9
If you fill out VA Form 9 correctly and file it by the deadline with no additional argument or evidence, your appeal will be certified to the Board. You also have the opportunity to request a Board hearingIf you requested a hearing on your Form 9, you will be added to the queue for a hearing. This hearing may take place in person or via video conference. The Board then renders a decision. If you submit new evidence or argument with your VA Form 9, the regional office will review it and likely issue a Supplemental Statement of the Case prior to your appeal being certified to the Board.
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