When the VA Regional Office denies a Veteran’s claim for service-connected disability benefits, the Veteran has the option of appealing that decision to the Board of Veterans’ Appeals (BVA). There is a process that must be followed in order to “perfect the appeal” to the Board of Veterans’ Appeals (BVA).

The first step in perfecting an appeal to the Board of Veterans’ Appeals (BVA). is for the Veteran to submit a Notice of Disagreement (NOD) with the VA Regional Office’s Ratings Decision.  When the VA Regional Office receives the Notice of Disagreement (NOD), it then prepares and delivers a “Statement of the Case” (SOC) to the Veteran.

The Statement of the Case (SOC) is statutorily required.  It’s purpose is to explain to the Veteran the reason(s) that the Veteran’s claim for benefits was denied. The Statement of Case (SOC) must provide notice to the Veteran of the relevant and/or controlling statutes and/or regulations on which the VA Regional Office relied to  support its decision to deny benefits.

The Statement of the Case (SOC) is often a multi-page document, with paragraph after paragraph of seeming incomprehensible legalese.  This legalese represents direct quotes of the statute and regulations that the VA Regional Office relied on in denying the Veteran’s claim.  Read it carefully – not only can the Veteran use the SOC to determine when the VA Regional Office is relying on “old” law, but also the Veteran can have some insight into the procedural defenses that the VA Regional Office is using to deny the claim.

After receipt of the Statement of the Case (SOC), the Veteran will take the final step in perfecting the appeal to the Board of Veterans’ Appeals (BVA). by preparing and filing the Substantive Appeal on VA Form 9. This Form should be included in the Statement of Case (SOC) that the Veteran receives from the VA Regional Office.

It is very important that we note that each and every Veteran’s claim is different. Just because we were able to secure substantial past-due benefits for one Veteran does not mean or imply that we will be able to do so for you.   In some cases, we may not be able to secure you any financial compensation due to the facts of your particular case.

It is best to consult with a lawyer familiar with VA Disability claims and benefits or a Veterans Service Organization to examine your particular case.  If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appeals, contact the Attig Law Firm, PLLC, for a free consultation with a VA Benefits attorney.

The Attig Law Firm, PLLC, represents Veterans in Texas, Arkansas, Oklahoma (and all around the nation) in their claims for disability compensation from the Department of Veterans Affairs.