How Long Does It Take to Appeal a Denial

The VA appeals process is lengthy.  According to the fiscal year 2011 Annual Report of the Chairman, Board of Veterans’ Appeals, the average claimant waits 825 days from the time he files a Substantive Appeal until a final BVA decision.  The Ninth Circuit Court of Appeals reported it could take anywhere from 261 days to 1,000 days for the RO to issue an SOC. 

The Board’s annual 2011 report noted the following:

  • Time from when you file a Notice of Disagreement to when the VA issues a statement of the case is on average 257 days.
  • Time from when you file a Form 9 (substantive appeal) to when the case is certified to the BVA is on average 585 days.
  • Time from when the BVA receives the appeal until when it makes a decision is on average 240 days.
  • If they BVA remands the claim, the time is on average another 427 days.