Form VA-4107c Your Rights to Appeal our Decision - Contested Claims

(1) arrange a time and place for the hearing (1) show that we were clearly wrong to deny the benefit or (2) provide a room for the hearing (2) send us new evidence that relates to the reason we denied your claim (3) assign someone to hear your evidence (4) make a written record of the hearing (Please continue reading on page 2) 4107c A private attorney or an "agent" can also represent you If applicable your local bar association may be able to refer you to an attorney with experience in veterans' law V A only recognizes attorneys who are licensed to practice in the United States or in one of its territories or possessions An agent is a person who is not a lawyer but who V A recognizes as being knowledgeable about veterans' law Contact us if you would like to know if there is a V A accredited agent in your area After careful and compassionate consideration a decision has been reached on your claim If we were not able to grant some or all of the VA benefits you asked for this form will explain what you can do if you disagree with our decision If you do not agree with our decision you may: (1) appeal to the Board of Veterans' Appeals (the Board) by telling us you disagree with our decision; or (2) give us evidence we don't already have that may lead us to change our decision An appeal is your formal request that the Board review the evidence in your VA file and review the law that applies to your appeal The Board can either agree with our decision or change it The Board can also send your file back to us for more processing before the Board makes its decision appeal to the Board of Veterans' Appeals (the Board) by telling us you disagree with our decision At a personal hearing You may request a local hearing with us at any time This hearing is separate from any Board hearing you might ask for later if you appeal We do not require you to have one It is your choice At this hearing you may speak bring witnesses to speak on your behalf and hand us written evidence If you want a hearing send us a letter asking for a hearing Use the address at the top of our letter We will then: Attorneys or agents can charge you for helping you under some circumstances Paying their fees for helping you with your appeal to the Board is your responsibility If you do hire an attorney or agent to represent you one of you must send a copy of any fee agreement to the following address within 30 days from the date the agreement is executed: Office of the General Counsel (0 2 2 D) 810 Vermont Avenue NW Washington D C 2 0 4 2 0 See 38 C F R 14 636(g) If the fee agreement provides for the direct payment of fees out of past due benefits a copy of the agreement must also be filed with us at the address at the top of our letter See 38 C F R 14 636(h)(4) BACK OF V A FORM 41 0 7 c OCTOBER 2012 bva va gov/How Do I Appeal aspYou can find a "plain language" booklet called "How Do I Appeal " on the Internet at: http://www bva va gov/How Do I Appeal asp The booklet also may be requested by writing to: Mail Processing Section (0 1 4) Board of Veterans' Appeals 810 Vermont Avenue NW Washington D C 2 0 4 2 0 Can I get a hearing with the Board? Yes If you decide to appeal the Board will give you a hearing if you want one The VA Form 9 we will send you with the Statement of the Case has complete information about the kinds of hearings the Board offers and convenient check boxes for requesting a Board hearing The Board does not require you to have a hearing It is your choice Can I get someone to help me with my appeal to the Board? Yes You can have a veterans' service organization representative an attorney at law or an "agent" help you with your appeal But you are not required to have someone represent you It is your choice CAN I GIVE V A ADDITIONAL EVIDENCE? Do I have to pay someone to help me with my appeal to the Board? It depends on who helps you The following explains the differences give us evidence we do not already have that may lead us to change our decision HOW CAN I APPEAL THE DECISION? How do I start my appeal? To begin your appeal write us a letter telling us you disagree with our decision This letter is called your "Notice of Disagreement " If we denied more than one claim for a benefit (for example if you claimed compensation for three disabilities and we denied two of them) please tell us in your letter which claims you are appealing Send your Notice of Disagreement to the address at the top of our letter How long do I have to start my appeal? You have 60 days to appeal our decision Your letter saying that you disagree with our decision must be postmarked (or received by us) within 60 days from the date of our letter denying you the benefit In most cases you cannot appeal a decision after this 60 day period has ended http://www http://www gpoaccess gov/cfr/index htmlYou can find the formal rules for appealing to the Board in the Board's Rules of Practice at title 38 Code of Federal Regulations Part 20 You can find the complete Code of Federal Regulations on the Internet at: http://www gpoaccess gov/cfr/index html A printed copy of the Code of Federal Regulations may be available at your local law library http://www va gov/vsoRepresentatives who work for accredited veterans' service organizations know how to prepare and present claims and will represent you You can find a listing of these organizations on the Internet at: http://www va gov/vso If you have more evidence to support a claim it is in your best interest to give us that evidence as soon as you can We will consider your evidence and let you know whether it changes our decision Please keep in mind that we can only consider new evidence that: (1) we have not already seen and (2) relates to your claim You may give us this evidence either in writing or at a personal hearing In writing To support your claim you may send documents and written statements to us at the address on the top of our letter Tell us in a letter how these documents and statements should change our earlier decision NOTE: Please direct all new evidence to the address at the top of our letter Do not send evidence directly to the Board until you receive written notice from the Board that they received your appeal Representatives who work for accredited veterans' service organizations know how to prepare and present claims and will represent you You can find a listing of these organizations on the Internet at: http://www va gov/vso send us new evidence that relates to the reason we denied your claim show that we were clearly wrong to deny the benefit or SUPERSEDES V A FORM 41 0 7 C SEPTEMBER 2009 WHICH WILL NOT BE USED This form will tell you how to appeal to the Board and how to send us more evidence You can do either one or both of these things V A FORM 41 0 7 c OCTOBER 2012 V A LOGO Veterans' service organizations will represent you for free We will review the record of the hearing and other new evidence together with the evidence we already have We will then decide if we can grant your claim If we cannot grant your claim and you appeal we will send the new evidence and the record of any local hearing to the Board WHAT HAPPENS AFTER I GIVE V A EVIDENCE? What happens after V A receives my Notice of Disagreement? We will either grant your claim or send you a Statement of the Case A Statement of the Case describes the facts laws regulations and reasons that we used to make our decision We will also send you a V A Form 9 "Appeal to Board of Veterans' Appeals " with the Statement of the Case You must complete this V A Form 9 and return it to us if you want to continue your appeal What happens if I do not start my appeal on time? If you do not start your appeal on time our decision will become final Once our decision is final you cannot get the VA benefit we denied unless you either: WHAT IS AN APPEAL TO THE BOARD OF VETERANS' APPEALS? Where can I find out more about appealing to the Board? Yes You can send us more evidence to support a claim whether or not you appeal to the Board If you want to appeal though do not forget the 60 day time limit! You can find a "plain language" booklet called "How Do I Appeal " on the Internet at: http://www bva va gov/How Do I Appeal asp The booklet also may be requested by writing to: Mail Processing Section (0 1 4) Board of Veterans' Appeals 810 Vermont Avenue NW Washington D C 2 0 4 2 0 You can find the formal rules for appealing to the Board in the Board's Rules of Practice at title 38 Code of Federal Regulations Part 20 You can find the complete Code of Federal Regulations on the Internet at: http://www gpoaccess gov/cfr/index html A printed copy of the Code of Federal Regulations may be available at your local law library YOUR RIGHTS TO APPEAL OUR DECISION CONTESTED CLAIMS