Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Board Appeal

This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 


Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 


This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.




Hi, quick question. A veteran received a denial, asked for a de novo review, and was denied again. Does he have 12 months from the original denial date, or 12 months from the de novo review denial decision, to appeal to the Board?


Link to comment
Share on other sites

  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

3 answers to this question

Recommended Posts

I think the statement the BVA put into my recent formal remand might help you-

Appeal deadlines are nothing to overlook-

but circumstances can alter the appeal deadline date.

My AO claim was denied by a Feb 2004 rating decision.

"Although the appellant is already entitled to benefits "as if" service connected for the cause of the veteran's death under 38 USCS 1151 there are a number of ancillary benefits to which she would not be entitled absent a finding of actual service connected death: hence there has been no full grant of the benefit sought."

(a prior BVA decision to me states the exact five figure award amount of one of those benefits)

"The claimant perfected her appeal with regard to service connection for the cause of death by filing correspondence accepted in lieu of a VA Form 9,in January 2006."

(I filed formal appeal within 60 days of the 2nd DRO decision but my vet rep somehow got the VSM to accept something else)

This is what I mean:

"Although this was outside the one year period from the February 2004 denial,and beyond the 60 day period from issuance of a SOC -in September 2005 the claimant submitted or caused to be created additional evidence requiring the issuance of a supplemental statement of the case SSOC in December 2005. The time for perfection of the appeal was therefore extended." 38 CFR 20.302.(:P (2)Sept.2008

(In September 2005 I asked the VSM to CUE to initial DRO decision and it was cued)

I did this in the late 1990s too-

not stuff for the feight of heart-

Unless you can provide very significant new medical evidence (which still might well not have any bearing at all on the appeal deadline) -or prove they committed CUE as I did-with legal evidence to support that charge-as my IMO evidence still remained unacknowledged at this point-

then you must perfect the formal I-9 Appeal 60 days after the issuance of the SOC (Statement of the Case) or within one year from the initial VA denial.

I absolutely do not recommend anyone doing what I did.

This gets into the fine techniques of the legalise of VA case law.

and of course knowing CUE regs in and out-

But your question made me post it all here as this could apply to someone out there-

Also read the DRO's job description that I have posted here at hadit.

I charged and won CUE because the DRO did not follow the M21-1 job description thus legal error was created on the VA's part and they had to do something quick.

They cued the older DRO decision in less than 2 weeks.Maybe it took a few days I forget-but I knew I was right.

Your appeal deadline should be clearly spelled out in the SOC.

M21-1 and the regs in 38 CFR are the best weapons we have to combat the VA with-along with Medical evidence.

Edited by Berta
Link to comment
Share on other sites

  • HadIt.com Elder


Did you get a personal hearing or just a review? I would ask for a personal hearing with the DRO. If that does not work then go to the BVA. As long as you getting approved for a DRO Hearing then your BVA time limit is is a state of suspended animation as far as I know.

Link to comment
Share on other sites

You have 60 days from receipt of the SOC which is/will be sent to you by the DRO.

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.


  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.


    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.


    You can read the forums without registering.


    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.


    Leading to:


    Post straightforward questions and then post background information.


    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?


    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.




    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Create New...

Important Information

{terms] and Guidelines