Decision Review Request: Board Appeal (Notice of Disagreement)

Match exactly to your VA records as they appear on every prior letter or DD-214 - any mismatch causes intake delays.

(use legal name from DD-214)

Common mistakes

• ×Mismatched name/SSN - Board appeal rejected at intake.

Starts the 1-year clock for effective-date protection.

MM/DD/YYYY

Common mistakes

• ×Using the date you received the letter instead of the date on the letter.

Authority

• 38 CFR 3.400 - Effective date rules including ITF protection of effective date.

DIRECT REVIEW = no new evidence, no hearing. Fastest (currently 1-2 years average). EVIDENCE = 90-day window after NOD to submit new evidence; no hearing. Slower (2-4 years). HEARING = video or in-person; you can submit new evidence at hearing or within 90 days; longest wait (4-7 years). Pick based on (a) whether you have new evidence, (b) whether you want to testify in person.

DIRECT / EVIDENCE / HEARING

Common mistakes

• ×Picking Hearing without thinking about the multi-year wait - if speed matters, Direct Review is much faster.
• ×Picking Direct Review when you have critical new evidence - that evidence will not be considered. Pick Evidence or Hearing.
• ×Confusing Direct Review with HLR (20-0996) - Direct Review goes to a Veterans Law Judge; HLR goes to a senior VA rater. Different review levels.

Authority

• 38 CFR 20.302 - No new evidence; faster decision.
• 38 CFR 20.303 - New evidence within 90 days; slower decision.
• 38 CFR 20.304 - Optional video or in-person Board hearing; longest path.

Only if you chose HEARING docket. Three options: VIDEO HEARING (you appear from a regional VA facility; judge in DC); CENTRAL OFFICE (you travel to Washington DC); TRAVEL BOARD (judge travels to a regional facility). Video is fastest and most common today.

VIDEO / CENTRAL OFFICE / TRAVEL BOARD

Common mistakes

• ×Picking Travel Board hearing - rare and slow; most veterans choose Video.
• ×Picking Central Office without realizing it requires travel to DC at your own expense.

List each issue with the condition name and decision (Denied / Under-rated at X%). Issues NOT listed are NOT appealed.

e.g.,
1. Tinnitus - DENIED 03/15/2025 - request reversal of denial.
2. Lumbar DDD - rated 10%, request 20% under DC 5237.
3. PTSD - rated 30%, request 70%.

Common mistakes

• ×Vague issue descriptions ("my back appeal") - name condition AND decision (denied vs under-rated at X%).
• ×Adding issues not in the original decision - the Board only has jurisdiction over decisions appealed; raise new issues via 21-526EZ.
• ×Forgetting to list an issue - it won't be appealed.

Authority

• 38 CFR 20.202 - AMA NOD requirements via VA Form 10182.

VSO, attorney, or agent. Strongly recommended for Board appeals - VSOs and accredited attorneys regularly represent veterans before VLJs.

e.g., Disabled American Veterans (DAV) or attorney name

Common mistakes

• ×Self-representing at the Board on a complex case - get a VSO or attorney; they know the VLJs and case law.

Related ClaimRecon tools

• form-guide-21-22 - Free VSO representation.
• form-guide-21-22a - Attorney/agent representation - especially valuable at the Board.

Sign and date. By signing you certify the statements are true to the best of your knowledge under penalty of perjury.

(signature/date when filing)

Common mistakes

• ×Forgetting to sign - VA returns.
• ×Missing the 1-year deadline - effective-date protection lost. Henderson v. Shinseki softened this somewhat but don't rely on it.