Fill out this form, with concrete reasons why you think VA misjudged your case. This form must be submitted to your OR. You should receive a letter of confirmation from the OR certifying your case to the Board of Veterans` Appeals (BVA) and giving you 90 days, or until the House makes a decision (depending on what happens first) to provide evidence to the Board of Directors in support of your request. Then your application will be on the waiting list that will be reviewed by the BVA. More information is available from www.uscourts.cavc.gov. At this point, you have to submit a VA 9 form to throw the ball – it was your ticket through the door that opened the explanation of the case. Go Form 9, you can find it on va.gov. It is important that you put this claim form within 60 days of the date of your return. If you submit it after more than 60 days, you lose your chance to access the BVA.
You submit this form to the regional office (remember that they still have authority over your case) and you must then certify your claim with the BVA. This certification process may take a few months, but you will eventually receive a notification from the regional office indicating that your claim has been certified to BVA. At this point, congratulations! They managed to escape the seemingly endless cycle of problems in the regional office and reached the BVA. The physical complaint or FORM AV 9 must be filed within 60 days of the SOC`s shipping date or within the remainder of the one-year period upon notification of the evaluation decision, depending on the subsequent date. See attached form template. The purpose of Form 9 is to transfer the jurisdiction of the complaint to the BVA. If an applicant does not file Form 9 in a timely manner, the assessment decision becomes final. An extension of time is available if the applicant has „good reasons.“ See 38 C.F.R. 20.303. A notice of disagreement must be submitted in writing to your OR and express its displeasure with the claims raised in an unfavourable rating decision. The NOD should express interest in this decision, namely that the Council of Veterans Affairs` Appeals (BVA) appeal.
There is no specific form to use. However, Form VA 21-4138 (statement of support) is well suited for this purpose. The NOD must be filed within one year of the date of the evaluation decision. If you do NOT receive an OR Form 9 with your SOC, contact the OR immediately or call the online form at www.va.gov/vaforms. Then you`ll have to wait a few more years while your call goes through either a decision controller or the claim process goes traditional (with a new set of eyes).