When appealing a rating decision by the Department of Veterans Affairs (VA), it is important that you get the Statement of Case. If you have never appealed a VA rating decision before, chances are that you do not know what a Statement of Case is and why it is so important.
The Statement of Case is a required document that the VA must send out when a veteran appeals their case. Its purpose is to attempt to fully explain the reasons and statutes used to determine the rating decision that you received.
It is very important that you look at your initial decision paperwork to compare the reasons listed for your rating decision to the reason listed in the Statement of Case. You need to ensure that no after the fact reasons have been added, as the extra reasons may be used against you at the Board of Veterans Appeal hearing level.
Once you have received the Statement of Case, you have to work quickly to review it thoroughly. You will only have 60 days from the date of receipt to file your Substantive Appeal on VA Form 9. A VA Form 9 should be attached to your Statement of Case, but if not it can be found on our Veterans Resources web page.
If you need help appealing a VA Disability Rating, contact the law offices of Shook & Stone today. Our VA accredited attorneys and responsive staff will be on hand to provide a free consultation.