Substantive Appeal

If, after receiving an SOC or SSOC, you still disagree with the decision, you can file a Substantive Appeal to the Board of Veterans' Appeals.
You'll need to file a Substantive Appeal within one year from the date on the letter notifying you about the original decision on your claim or 60 days from the date on the letter accompanying the Statement of the Case, whichever gives you more time.  You may file a Substantive Appeal by using VA Form 9 (PDF).

How the Board of Appeals Works

If you selected an optional in-person or video teleconference hearing with a Veterans Law Judge at the Board of Veterans' Appeals, the hearing will be scheduled at your local VA office (or in Washington, DC, if you selected that location).

  • You may request an optional personal hearing before an adjudicator who works at your local VA office or a Veterans Law Judge who works at the Board of Veterans' Appeals.
    • If you request an optional hearing, it will significantly delay a Board decision because optional hearings take more time to schedule.
  • The Veterans Law Judge will make a decision on each issue of your appeal. The decision will grant, remand, or deny each issue.
    • Grant: If an issue is granted, your local VA office will notify you of the decision made by the Board of Veterans' Appeals.
    • Remand: If an issue is remanded, it means that one or more issues in your appeal will be sent back to a local VA office for further evidence collection. Your appeal will return to the Board of Veterans' Appeals when the local VA office complies with the Board's remand instructions.
    • Deny: If an issue is denied, and you want to pursue further action, you may
      • File a new claim with your local VA office,
      • File a motion asking the Board of Veterans' Appeals to reconsider your appeal (there is no time limit to file this motion),
      • File a motion asking the Board of Veterans' Appeals to review your appeal again because there was a clear and obvious error in its decision (there is no time limit to file this motion), and/or
      • File a Notice of Appeal with the United States Court of Appeals for Veterans Claims.

Read more about filing a Notice of Appeal