Appellate review of the denial of VA benefits may only be initiated by filing a Notice of Disagreement with the Board. 38 U.S.C. 7105(a). The VA Form 9, "Appeal to Board of Veterans' Appeals," is required to complete a legacy appeal to the Board. The completed form becomes the "substantive appeal" (or "formal appeal"), which is required by 38 U.S.C. 7105(a) and (d)(3) in order to complete an appeal to the Board. Additionally, the proposed information collections allow for withdrawal of services by a representative, requests for changes in hearing dates and methods under 38 U.S.C.7107, and motions for reconsideration pursuant to 38 U.S.C. 7103(a).
US Code:
38 USC 7107
Name of Law: Appeals; dockets; hearings
US Code:
38 USC 7103(a)
Name of Law: Reconsideration; correction of obvious errors
US Code:
38 USC 7104(e)(2)
Name of Law: Jurisdiction of the Board
US Code:
38 USC 7105(a) and (d)(3)
Name of Law: Filing of notice of disagreement and appeal
Because the Board is seeking to add a checkbox and remove a checkbox, it is estimated that a respondentâs burden would be unchanged by the requested revisions. The estimates are consistent with those provided in the previously approved collection, because the requested changes to the VA Form 10182 do not add any additional burden to the processing of the form. Rather, the checkbox will eliminate the need to delay issuing decisions in appeals that are otherwise ready for adjudication and send appellants letters of clarification, thereby decreasing the overall administrative burden caused by Williams, supra. The estimated burden hours and estimated number of respondents are those who will use the VA Form 10182. The previously approved collection included estimates for the use of additional forms, including the VA Form 9, which are not being revised at this time.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form 10182 Decision Review Request: Board Appeal (Notice of Disagreement)
VA-2025-VACO-0001-0124.pdf
2025.02.11 30-day FRN_ VA Form 10182 Williams Update on most recent template.docx
Decision Review Request: Board Appeal (Notice of Disagreement)