Va Form 9 - Appeal To Board Of Veterans' Appeals - Department Of Veterans Affairs Page 4
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5same kind of VA benefit and one will either lose, or get less, if the other wins. If you are not sure whether this special exception
applies, ask your representative or call your local VA office.
If you have any questions about the filing deadline in your case, ask your representative or your local VA office. Filing on time is
very important. Failing to file on time could result in you losing your right to appeal.
5. WHAT IF I NEED MORE TIME? If you need more time to complete this form and file it, write to your local VA office,
explaining why you need more time. You must file your request for more time with your local VA office before the normal time for
filing this form runs out. If you file by mail, VA will use the postmark date to decide whether you filed the form, or the request for
more time to file it, on time.
6. WHAT KIND OF INFORMATION DO I NEED TO INCLUDE WHEN I FILL OUT THE FORM? While most of the form
is easy to understand, we will go through the blocks where you might need some additional information.
Block 3. If your appeal involves an insurance claim or some issue related to a VA home loan, enter your VA insurance or
VA loan number here. For most kinds of cases, you will leave this block blank.
Blocks 4-7. These blocks are for information about the person who is filing this appeal. If you are a representative filling
out this form for the person filing the appeal, fill in the information about that person, not yourself. Block 7 can be left
blank if the person filing the appeal is the veteran.
Block 8. It is very important for you to check one, and only one, of the boxes in Block 8. This lets us know whether or not you
want to appear at a BVA hearing and, if so, where you want to appear. Please keep in mind that a BVA hearing is entirely
optional, and it is not necessary for you to have a hearing for BVA to decide your appeal. If you do not check any of the boxes,
BVA will assume that you DO NOT want a BVA hearing and your case will be decided taking into consideration the arguments
already made, including your explanation on this form as to why you think VA decided your case incorrectly.
If you ask for a BVA hearing, you and your representative (if you have one) can tell us why you think the BVA should act
favorably on your appeal (present argument). You can also tell us about the facts behind your claim and you can bring others
(witnesses) to the hearing who have information to give the BVA about your case. At your option, you can submit more evidence
at a hearing requested on this form. If you do ask for a BVA hearing, it can be very helpful to have a representative assist you at
the hearing.
The purpose of a hearing is to receive argument and testimony relevant and material to the issue or issues in your case that are on
appeal. Hearings conducted by the Board are nonadversarial in nature. Parties to a hearing are permitted to ask questions,
including follow-up questions, but cross-examination is not allowed. While the types of questions that may be asked are not
limited by the legal rules of evidence that typically apply in an adversarial trial setting, reasonable bounds of relevancy and
materiality still must be maintained.
Here is specific information about each of the check boxes in Block 8:
Box A: Check Box A if you decide that you do not want a BVA hearing. It is not necessary for you to have a hearing for
BVA to decide your appeal, and you will not be penalized if you choose this option. If you feel that you have already sent
VA everything that the BVA will need to decide your case, including making all desired arguments in support of your
appeal, then there is no need for a hearing to be held. In addition, a hearing is not needed if the only thing you would like to
do is submit additional evidence in support of your appeal. Instead, you may submit such additional evidence, or at a
minimum notify VA of its existence and request that it be obtained, without a hearing being held. If you check this box, do
not check any of the other boxes in Block 8.
Box B: Check Box B if you want to appear at a live BVA videoconference hearing. This option allows you to have a
hearing by way of videoconferencing where you will be at the local VA office and the Veterans Law Judge hearing your
case will be at the BVA's offices in Washington, DC. Videoconferencing allows the Veterans Law Judge holding the
hearing to see and hear you, your representative and witnesses (if any). You will also be able to see and hear the Veterans
Law Judge. Please note that a live videoconference hearing can often be scheduled more quickly than a BVA hearing where
all participants (including the Veterans Law Judge) are physically present together at the local VA office.
Box C: Check Box C if you want to appear for a hearing at the BVA's offices in Washington, DC. If you choose this option,
please note that VA cannot pay any expenses that you (or your representative or witnesses) incur in connection with
attending the hearing. Having your BVA hearing by live videoconference (Box B) is usually less expensive for you, because
you will not incur expenses associated with travel to Washington, DC.
Box D: Check Box D if you want a BVA hearing at your local VA office. If you select this option, both you and the
Veterans Law Judge assigned to hear your case will be physically present together at the local VA office. Please note that
because Veterans Law Judges conduct this type of hearing only on special trips, it often takes more time to schedule these
hearings than a live videoconference hearing (Box B). You can check with your local VA office for an estimate of how long
it may take before your case could be scheduled for a BVA hearing at that local VA office.
HEARINGS BEFORE VA REGIONAL OFFICE PERSONNEL: A hearing before VA regional office personnel, instead of
before a member of the BVA, is not a BVA hearing. You can request a hearing before VA regional office personnel by writing
directly to the regional office. DO NOT use this form to request that kind of hearing. If you do, it will delay your appeal. You
should also know that requesting a hearing before VA regional office personnel does not extend the time for filing this form.
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