I called the VA to dispute this, but the person on the phone told me I only had 60 days to submit form 9 because they mailed me the SOC. The appeal was completed on Nov 28, 2017. Did I misunderstood the instructions on Form 9?
4. HOW LONG DO I HAVE TO COMPLETE THIS FORM AND FILE IT? Under current law, there are three different ways to calculate how much time you have to complete and file this form. The one that applies to you is the one that gives you the most time:
(a) You have one year from the day your local VA office mailed you the notice of the decision you are appealing. (b) You have 60 days from the day that your local VA office mailed you the SOC. (c) Your local VA office may have sent you an update to the SOC, called a "Supplemental Statement of the Case" (SSOC). If that SSOC was provided to you in response to evidence you or your representative submitted within the one-year period described in paragraph 4(a) of these instructions, above, and if you have not already filed this form, then you have at least 60 days from the time your local VA office mailed you the SSOC to file it even though the one-year period has already expired. See 38 C.F.R. 20.302(b)(2).
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I called the VA to dispute this, but the person on the phone told me I only had 60 days to submit form 9 because they mailed me the SOC. The appeal was completed on Nov 28, 2017. Did I misunderstood the instructions on Form 9?
4. HOW LONG DO I HAVE TO COMPLETE THIS FORM AND FILE IT? Under current law, there are three different ways to calculate how much time you have to complete and file this form. The one that applies to you is the one that gives you the most time:
(a) You have one year from the day your local VA office mailed you the notice of the decision you are appealing. (b) You have 60 days from the day that your local VA office mailed you the SOC. (c) Your local VA office may have sent you an update to the SOC, called a "Supplemental Statement of the Case" (SSOC). If that SSOC was provided to you in response to evidence you or your representative submitted within the one-year period described in paragraph 4(a) of these instructions, above, and if you have not already filed this form, then you have at least 60 days from the time your local VA office mailed you the SSOC to file it even though the one-year period has already expired. See 38 C.F.R. 20.302(b)(2).
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