The Board denied the Veteran's appeal regarding whether a substantive appeal was timely filed in response to a February 2015 Statement of the Case (SOC) because the September 2016 VA Form 9 was untimely and did not constitute a valid substantive appeal.
The deciding factor: The Board found that the September 2016 VA Form 9, submitted prior to the issuance of an SOC, did not meet the regulatory content requirements for a NOD or substantive appeal. The Veteran's submission indicated he believed his benefits were charged incorrectly and was entitled to three more months of benefits.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2019
- Citation
- 19132000
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.