When to Issue an SSOC

4. Preparing and Issuing an SSOC

Introduction

This topic contains information on an SSOC, including

• when to issue an SSOC
• how to prepare an SSOC
• additions to an SSOC if a substantive appeal is not filed
• items not included in an SSOC
• SSOC transmittal letter requirements
• SSOC printing and filing requirements, and
• updating VACOLS when issuing an SSOC.

Change Date

June 28, 2024

7.D.4.a. When to Issue an SSOC

After an SOC has been issued, and when required, ROs should issue an SSOC to document a continued denial of an appealed issue.

Important: If the RO determines the appealed issue can be fully or partially awarded, follow the guidance in M21-5, Chapter 7, Section D.2 and issue the appropriate appeal decision(s).

See the table below to determine if the issuance of an SSOC is required.

Scroll sideways to see the full table.

References: For more information on

• the definition of an SSOC, see M21-5, Chapter 7, Section A.1.l, and
• processing additional evidence submitted with or after a substantive appeal is filed, see M21-5, Chapter 7, Section E.2.a.

7.D.4.b. How to Prepare an SSOC

Prepare an SSOC in the same format as an SOC and use the appropriate transmittal letter.

Limit the SSOC to those changes or additions to the SOC needed to give complete information to the appellant. For those issues that have undergone a change, repeat in full the

• issue
• decision, and
• decision narrative.

Important:

• Include the required language regarding liberally construing evidence provided in M21-5, Chapter 7, Section D.1.d.
• When an appeal is filed in response to a contested claim decision, send the SSOC to all parties involved in the contested claim decision and their authorized representative(s).
• Appeal decisions must follow the rating decision guidelines for listing evidence as noted in M21-1, Part V, Subpart iv, 1.A.4.a.

References: For more information on

• disclosing appeal information to the appellant’s representative, see M21-5, Chapter 7, Section D.1.f
• preparing an SOC, see M21-5, Chapter 7, Section D.3, and
• suggested laws and regulations to cite in an SSOC, see Applicable Laws and Regulations - Citations.

7.D.4.c. Additions to an SSOC if a Substantive Appeal Is Not Filed

If the appellant has not filed a substantive appeal at the time the SSOC is released

• provide another VA Form 9 with the appropriate transmittal letter
• include information about the time limit for submitting a substantive appeal
• clear the appropriate EP, and
• update VACOLS.

Notes:

• If an SSOC is sent before the receipt of the substantive appeal, then the claimant has until the later of either 60 days from the mailing of the SSOC, or the remainder of the one-year period from the date of the original notification, to perfect the appeal with a VA Form 9 or substantive appeal.
• If additional evidence is submitted with or after a substantive appeal, then refer to M21-5, Chapter 7, Section E.2.a.

References: For more information on

• use of EPs for SSOCs, see M21-4, Appendix B
• substantive appeals see M21-5, Chapter 7, Section E
• VACOLS, see
• the VACOLS User Guide, and
• M21-5, Chapter 6, Section A, and
• substantive appeal time limit after the issuance of an SSOC, see
• VAOPGCPREC 9-1997, and
• 38 CFR 19.52.

7.D.4.d. Items Not Included in an SSOC

Do not

• repeat evidence cited in the SOC
• include the Pertinent Laws and Regulations section unless an additional statute or regulation is relied upon, or
• use the phrase as previously stated in any of the sections.

Note: Decision makers must evaluate and weigh all evidence, but should not routinely list evidence that was considered in a prior appeal decision.

Reference: For more information on evaluating evidence, see M21-1, Part V, Subpart ii, Chapter 1.A.

7.D.4.e. SSOC Transmittal Letter Requirements

The transmittal letter on an SSOC must contain

• the appellant’s most recent address of record
• in the courtesy copy (cc) line
• the current representative, and
• if the representative is a private attorney or claims agent, the representative’s address
• a notice of the ability to file for a modernized decision review (for all SSOCs issued on or after February 19, 2019)
• a notice of the right to file a substantive appeal, and
• the time within which a response must be filed.

Important: The date on the SSOC transmittal letter must be the date the SSOC is sent to the appellant.

References: For more information on

• the notice that informs the appellant of the option for a modernized decision review, see M21-5, Chapter 4, Topic 3.c.
• substantive appeal time limits, see M21-5, Chapter 6, Section B.3.c and d, and
• listing a representative’s address in the cc line of correspondence, see M21-1, Part I, Subpart i, 2.B.1.e-g.

7.D.4.f. SSOC Printing and Filing Requirements

When preparing an SSOC

• use plain bond paper to
• print an original for the claimant, and
• a copy for any authorized representative, and
• maintain a file copy in the claims folder.

Notes:

• The SSOC may be printed on both sides of the paper, provided that the reverse side is printed head to foot.
• When uploading the SSOC to the VBMS eFolder, edit the document properties by selecting Supplemental Statement of Case (SSOC) as the document type under the APPEALS dropdown menu in the CATEGORY-TYPE: ALTERNATE field.

Reference: For more information on editing document properties in VBMS, see the VBMS Job Aid – Editing Document Properties.

7.D.4.g. Updating VACOLS When Issuing an SSOC

When an SSOC is issued, VACOLS must be updated to reflect the date the SSOC was sent to the appellant.

Follow the steps in the table below to update VACOLS to reflect the date an SSOC is issued.

Scroll sideways to see the full table.