board appeal

RDMURPHY
Registered: 07/31/10
Posts: 49

	07/27/11	#1

when appealing a denied claim, must you wait for a statement of case before filing form 9 or can you file 9 directly upon denial?
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Manager
Registered: 11/22/08
Posts: 654

	07/27/11	#2

The rule is this. You file a claim and get denied. You file a Notice of Disagreement (NOD) and await a Statement of the Case (SOC). Once you receive the SOC and not before, you may file your Form 9 which completes the Substantive Appeal process. You have 60 days from the date stamped on the SOC to complete this or the remainder of a year from the date of denial, whichever is later. If you submit new evidence with your NOD they must complete a new decision on the claim [3.156(b)].
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