If you’ve requested a decision review or filed a legacy VA appeal, find out what to expect. You can also check your status online.
What is a Supplemental Statement of the Case?
During the VA claim appeal process, a Veteran will receive a Supplemental Statement of the Case (SSOC) from their regional office after they submit more evidence and request a hearing. This document is essential in the appeals journey because it clearly explains why a claim was denied or underrated.
If the VA has not changed its decision on an appeal after a Supplemental Statement of the Case, it will continue to deny the claim and issue another SSOC. On the other hand, if the new evidence or argument submitted in response to an SSOC convinces the VA that their decision is incorrect, they will issue a favorable Rating Decision.
Some commenters noted that 30 days to respond to a supplemental statement of the case leaves little time for appellants to obtain and prepare any additional medical evidence they need. Therefore, the rule change aims to reduce the burden on appellants and streamline the VA’s appeals process by shortening this timeframe.
What is a Notice of Disagreement?
A Notice of Disagreement (NOD) is the first step in the VA appeals process. It’s a letter to the VA that lets them know you disagree with their decision and want to have it reviewed. NODs must be filed within one year of the original decision date.
Historically, there was no official form for an NOD, and the Court has applied a liberal reading to correspondence from claimants that express disagreement and intent to appeal. However, it is now mandatory that NODs are submitted on VA Form 21-0958.
The letter must include a statement of disagreement and be signed by the claimant or accredited representative. It also must identify the dispute categories and any new evidence being provided. The AOJ will then review the NOD and may issue a decision. Alternatively, the AOJ may schedule a hearing or issue a Statement of the Case (SOC). This will let you know what issues will be addressed at the next level of review.
What is a Hearing?
A hearing is a formal proceeding without a jury at which parties present evidence and arguments to determine some legal and factual matter. It can be a court or administrative hearing in the United States. A judicial hearing is generally held in a court of law, while a government agency or legislative committee usually conducts an administrative hearing.
A statutory or regulatory hearing may include testimony from witnesses and evidence and arguments presented by attorneys for each side in the case. Depositions (sworn statements of people not present in the courtroom) are often a part of a hearing, as are exhibits.
The hearing code depends on the hearing type – use MOT for a Motion, PTR for a Pretrial, or DAC for a review hearing related to a diversion/SOC agreement. After the hearing, each party is permitted to make a closing statement. During the hearing, you can also ask the ALJ to issue an order on a specific issue or question.
What is a Decision?
A decision is a judicial determination of parties’ rights and obligations reached by a court based on facts and law. The decision will include a summary of the facts, the Court’s discussion of relevant rules and their reasoning of how those laws apply to the case, the Court’s holding (or determination on the legal issues in dispute), and the Court’s order telling the parties what they should do.
Rigorously developed decisions result in fortunate outcomes, but even good decisions can have unfortunate results. The quality of a decision depends on the quality and quantity of the information used to make it and the quality of the reasoning employed to make it.
A decision can be a ruling in a court case, but it can also refer more broadly to any determination made about something. Many societies and organizations are dedicated to studying decision-making and its improvement, including medical and business decision-making.