VA Form 9
Appeal to Board of Veterans' Appeals (Legacy)
You filed a legacy NOD (21-0958), received a Statement of the Case (SOC), and want to perfect your appeal to the Board.
- Who fills it
- veteran
- Journey phase
- Appeals
- Estimated time
- 30-45 minutes.
- When to file
- Within 60 days of SOC date OR within 1 year of original decision date, whichever is LATER.
Official VA form page: https://www.vba.va.gov/pubs/forms/
Gather before you start
- ▸Statement of the Case (SOC) you received
- ▸Original decision being appealed
- ▸List of issues you want the Board to consider
- ▸Decision: hearing or no hearing
Attach with the form
- ▸Copy of the SOC
- ▸Any additional argument or evidence
Section I - Veteran Identification
Blocks 1-5Name, SSN, VA File NumberPII
Match exactly to your VA records as they appear on every prior letter or DD-214 - any mismatch causes intake delays.
(legal name)
Common mistakes
- ×Mismatched name/SSN.
Section II - Statement of the Case
Block 6Date of Statement of the Case (SOC) received
Starts the 60-day clock for perfecting your legacy substantive appeal to the Board.
MM/DD/YYYY
Common mistakes
- ×Missing the 60-day window - perfecting an appeal late risks dismissal.
Section III - Issues for Board Review
Block 7Specific issues from the SOC you want the Board to decideRepeatable
You may appeal all or only some of the issues addressed in the SOC. Issues not listed are abandoned.
e.g., Issue 1 (Lumbar DDD denial) - appeal. Issue 2 (PTSD increase) - do not appeal.
Common mistakes
- ×Listing only some issues, then realizing you wanted to appeal more - those abandoned issues require a new claim.
Section IV - Hearing Request
Block 8Do you want a Board hearing?
Options: NO HEARING (decision on the record); VIDEO HEARING; CENTRAL OFFICE (DC); TRAVEL BOARD (judge to regional).
NO / VIDEO / CENTRAL OFFICE / TRAVEL BOARD
Common mistakes
- ×Picking a hearing then canceling later - delays your case substantially.
Section V - Substantive Argument
Block 9Why you disagree with the SOC
Brief written argument explaining the errors in the SOC. The Board reviews legal/factual arguments here.
Concise argument identifying errors in the SOC.
Common mistakes
- ×Long unfocused argument - keep it factual and tied to specific evidence.
- ×No argument at all - the Board still decides but loses the benefit of your reasoning.
Section VI - Signature
Blocks 10-11Signature and datePII
Sign and date. By signing you certify the statements are true to the best of your knowledge under penalty of perjury.
(signature/date)
Common mistakes
- ×Forgetting to sign.
Statutory and regulatory authority
- 38 CFR 19.2 - Legacy appeals process definitions.
- 38 USC 7104 - BVA authority to decide appeals.
- 38 USC 7105 - Legacy appeal NOD and Form 9 timing.