Manage a legacy VA appeal
This page applies to appeals for decisions dated before February 19, 2019. We no longer accept new appeals through this legacy process.
Check the status of your legacy appeal or decision review
If you already filed an appeal or requested a decision review, sign in or create an account to check your status.
How to appeal a VA claim decision
We changed to a new process on February 19, 2019. The process that applies to you depends on the date of your claim decision.
For decisions dated on or after February 19, 2019
You need to use 1 of the 3 new decision review options.
Learn how to request a decision review
For decisions dated before February 19, 2019
If you’re already in the middle of appealing a decision dated before February 19, 2019, you’ll follow the legacy appeals process described on this page. There are 2 points in this process when you can either opt in to 1 of the 3 new decision review options or continue your appeal with the legacy process. You’ll find information about opting in to the new decision review options in steps 3 and 4 on this page.
How long does it take VA to make a decision?
It depends. The Veterans Benefits Administration usually takes 12 to 18 months to review appeals and decide whether to grant some or all of the appeal.
When you request a review from a Veterans Law Judge at the Board of Veterans’ Appeals, it could take 5 to 7 years for you to get a decision.
A legacy appeal follows these steps
Note: We no longer accept new appeals through the legacy process.
You file a Notice of Disagreement (NOD)
For old decisions, you had to have filed a Notice of Disagreement (VA Form 21-0958) within 1 year of the date on your claim decision letter. This VA form is no longer in use.
For new disagreements with decisions dated before February 19, 2019, you'll need to file a Supplemental Claim. For disagreements with decisions dated February 19, 2019, or later, you'll need to use 1 of the 3 new decision review options.
We send you a Statement of the Case (SOC)
After you file your Notice of Disagreement, we review all the evidence related to your appeal, including any new evidence you sent. If we determine that there wasn’t enough evidence to fully grant your appeal, we send you our findings in a document called a Statement of the Case (SOC).
If you disagree with our Statement of the Case (SOC)
Note: At this step you may be able to opt in to 1 of the 3 new decision review options.
For a Statement of the Case dated before February 19, 2019, you must continue with this legacy appeals process.
Return VA Form 9 (PDF) to the VA regional office within 60 days from the date on the Statement of the Case to continue your appeal.
For a Statement of the Case dated on or after February 19, 2019, you have 2 options.
- You can continue the legacy appeals process.
Return VA Form 9 (PDF) to the VA regional office within 60 days from the date on the Statement of the Case.
Get VA Form 9 to download - Or you can opt in to 1 of the 3 new decision review options.
You can opt in within 60 days from the date on the Statement of the Case. The remaining legacy appeals steps don’t apply if you opt in to 1 of the new options.
Learn how to choose a decision review option
The Veterans Benefits Administration prepares a Supplemental Statement of the Case (SSOC) (optional)
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, we may need to prepare a Supplemental Statement of the Case before sending your case to the Board of Veterans' Appeals.
Note: At this step you may be able to opt in to the 1 of the 3 new decision review options.
For a Supplemental Statement of the Case dated on or after February 19, 2019, you have 2 options.
- You can continue the legacy appeals process.
Go to step 5. - Or you can opt in to 1 of the 3 new decision review options.
You can opt in within 60 days from the date on the Supplemental Statement of the Case. The remaining legacy appeals steps don’t apply if you opt in to 1 of the new options.
Learn how to choose a decision review option
We send your appeal to the Board
We finish the review and send your case to the Board of Veterans’ Appeals. The Board reviews cases in the order they received them according to the date on your VA Form 9. A Veterans Law Judge will begin work on your appeal when it’s among the oldest appeals ready for their review.
Note: If you find new evidence after we sent your case to the Board, you must submit that evidence directly to the Board of Veterans’ Appeals.
Request to have your appeal advanced on the docket (optional)
If you suffer from a serious illness, are in financial distress, or have other sufficient cause (a reason for needing your appeal reviewed sooner), you can request the “Advanced on Docket” status for your appeal.
Advanced on Docket appeals are prioritized so they’re always at the front of the line. If you’re over 75 years old, your appeal will receive this status automatically.
You have a hearing (optional)
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. The Board will make a transcript of your hearing and add it to your appeal file. The judge won’t make a decision about your appeal at the hearing.
The Board makes its decision
The Board reviews your appeal and provides a decision on each issue in your appeal. The Board decides each issue in 1 of 3 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 will then make a new decision on the appeal. If the Veterans Benefits Administration can’t grant all or part of your appeal, it will prepare a new Supplemental Statement of the Case and return the appeal to the Board.
- Denied: The Board doesn’t grant benefits.
What if I disagree with the Board’s decision?
If you disagree with the Board’s decision, you can appeal to the Court of Appeals for Veterans Claims. You’ll need to file your Court appeal within 120 days of the Board’s decision.