Veterans Affairs Appeals Process

By filing a Notice of Disagreement, you begin the appeals process. You’ll need to file a Notice of Disagreement within one year of the date on the letter notifying you of the claim decision. 
Download a Notice of Disagreement, VA Form 21-0958 (PDF)

Fill out your Notice of Disagreement and mail it to the address provided on the VA claim decision notice letter you received, or bring it to your local regional office. An accredited representative can help you file a Notice of Disagreement. Get help filing your appeal.

After you file your NOD, a Decision Review Officer will review all the evidence related to your appeal, including any new evidence you sent. If the Decision Review Officer determines that there isn’t enough evidence to fully grant your appeal, they’ll send you their findings in a document called a Statement of the Case. You can then decide whether to continue your appeal to the Board of Veterans’ Appeals.

When you receive a copy of the Statement of the Case in the mail, you’ll also get a VA Form 9. If you disagree with the Statement of the Case and want to continue your appeal to the Board of Veterans’ Appeals, you’ll need to return VA Form 9 within 60 days.

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, the Decision Review Officer will need to write a Supplemental Statement of the Case before sending your case to the Board of Veterans’ Appeals. Once your appeal is sent, you’ll need to submit any new evidence directly to the Board. The Veterans Benefits Administration won’t review it.

The Decision Review Officer will finish the review and send your case to the Board of Veterans’ Appeals. The Board reviews cases in the order they’re received according to the date on the VA Form 9. A judge will begin work on your appeal when it’s among the oldest appeals ready for their review.

If you suffer from a serious illness, are in financial distress, or have other sufficient cause (a reason for needing your appeal reviewed faster), you can apply to have your appeal Advanced on Docket. If you’re over 75 years old, your appeal will receive this status automatically. Advanced on Docket appeals are prioritized so they’re always at the front of the line. Learn how to request Advanced on Docket status.

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. A transcript of your hearing will be made and added 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 reviews your appeal and provides a decision on each issue in your appeal. The Board decides each issue in one of three 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’ll then make a new decision on the appeal. If the Veterans Benefits Administration can’t grant all or part of your appeal, it’ll prepare a new Supplemental Statement of the Case and return the appeal to the Board.
• Denied: The Board doesn’t grant benefits.

Note: About 60% of all decisions have at least one issue remanded.