Va Form 9 - Appeal To Board Of Veterans' Appeals - Department Of Veterans Affairs Page 5
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5Block 9. This is the block where you tell us exactly what you are appealing. You do this by identifying the "issues" you
are appealing. Your local VA office has tried to accurately identify the issues and has listed them on the SOC and any SSOC it
sent you. Save what you want to tell us about why you are appealing for the next block (Block 10).
If you think that your local VA office has correctly identified the issues you are appealing and, after reading the SOC and
any SSOC you received, you still want to appeal its decisions on all those issues, check the first box in Block 9. Do not
check the second box if you check the first box.
Check the second check box in Block 9 if you only want to continue your appeal on some of the issues listed on the SOC
and any SSOC you received. List the specific issues you want to appeal in the space under the second box. While you
should not use this form to file a new claim or to appeal new issues for the first time, you can also use this space to call
the BVA's attention to issues, if any, you told your local VA office in your Notice of Disagreement you wanted to appeal
that are not included in the SOC or a SSOC. If you want to file a new claim, or appeal new issues (file a new Notice of
Disagreement), do that in separate correspondence.
Block 10. Use this block to tell us why you disagree with the decision made by your local VA office. Tie your arguments
to the issues you identified in Block 9. Tell us what facts you think VA got wrong and/or how you think VA misapplied
the law in your case. Try to be specific. If you are appealing a rating percentage your local VA office assigned for one
or more of your service-connected disabilities, tell us for each service-connected disability rating you have appealed what
rating would satisfy your appeal
(The SOC, or SSOC, includes information about what disability percentages can be
assigned for each disability under VA's "Rating Schedule.") You may want to refer to the specific items of evidence that
you feel support your appeal, but you do not have to describe all of the evidence you have submitted. The BVA will have
your complete file when it considers your case. You should not attach copies of things you have already sent to VA.
In completing this block, please also let us know if there is any additional evidence that you feel needs to be obtained to support
your appeal. You may either submit this evidence along with this response, or at a minimum notify VA of its existence so that the
evidence can be obtained on your behalf.
If you need more space to complete Block 10, you can continue it on the back of the form and/or you can attach sheets of
paper to the form. If you want to complete this part of the form using a computer word-processor, you may do so. Just
attach the sheets from your printer to the form and write "see attachment" in Block 10.
Block 11. This form can be signed and filed by either the person appealing the local VA decision, or by his or her
representative. Sign the form in Block 11 if you are the person appealing, or if you are a guardian or other properly
appointed fiduciary filing this appeal for someone else. In cases where an incompetent person has no fiduciary, or the
fiduciary has not acted, that person's "next friend," such as a family member, can sign and file this form.
If the
representative is filing this form, this block can be left blank. Regardless of who signs the form, we encourage you
to have your representative check it over before it is filed. Place the date you sign in Block 12.
Block 13. If you are a representative filing this form for the appellant, sign here. Otherwise, leave this block blank.
If you are an accredited representative of a Veterans' Service Organization (VSO), also insert the name of the VSO in this
block. Note that signing this form will not serve to appoint you as the appellant's representative. Contact your local VA
office if you need information on appointment. Place the date you sign in Block 14.
7. WHERE DO I FILE THE FORM ONCE I HAVE COMPLETED IT? When you have completed the form, signed and dated
it, send it to the VA office that has your records. Unless you have recently moved outside the area that it serves, this is the office
whose address is at the top of the letter VA sent you with the SOC.
8. OTHER SOURCES OF INFORMATION: You can find a “plain language” booklet that describes the VA appeals process
called “How Do I Appeal” on the Internet at:
. The booklet may also be requested by
writing to: Mail Processing Section (014), Board of Veterans' Appeals, 810 Vermont Avenue, NW, Washington, DC 20420. You can
also find the formal rules for appealing to the BVA in the BVA's Rules of Practice at title 38, Code of Federal Regulations, Part 20.
A complete copy of the Code of Federal Regulations is available on the Internet at:
.
A printed copy of the Code of Federal Regulations may also be available at your local law library. More general information about
VA benefit programs and eligibility can be found on the Internet at:
.
9. SPECIAL NOTE FOR ATTORNEYS AND VA ACCREDITED AGENTS. There are statutory and regulatory restrictions on
the payment of your fees and expenses and requirements for filing copies of your fee agreement with your client with VA.
See 38 U.S.C. 5904 and 38 C.F.R. 14.636-.637.
NOTE: Please separate these instructions from the form before you file it with VA. We suggest that you keep these instructions with
your other papers about your appeal for future reference.
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