Claim Raven explanation
What this means
A Supplemental Statement of the Case updates material information in a legacy appeal after the original Statement of the Case. This rule describes when it is required and limits how it can be used.
An SSOC is not the proper way to announce a new decision on an issue never addressed in the Statement of the Case. It can also include information about an available modernized-review election.
How this helps your claim
Compare the SSOC with the earlier statement to see what changed. Focus your response on the new evidence or reasoning and check the accompanying instructions before deciding how to continue.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Identify the new evidence or reasoning added since the previous statement.
- Confirm that the SSOC concerns issues already in the legacy appeal.
- Check response instructions and any available modernized-review election period.
Identify what changed since the earlier statement
A Supplemental Statement of the Case can address additional material evidence or a correction in a legacy appeal. Compare it with the original statement to identify the new information and whether the reasons for the determination changed.
Keep the issue list and accompanying instructions visible. An SSOC should not be treated as a general device for adding a wholly new undecided issue to the appeal. If a modernized-review election is described, its requirements should be read separately from the substantive update.
Does every SSOC restart every earlier deadline?
No. The applicable response and appeal rules depend on the circumstances. Read the specific notice and governing timing provision rather than assuming a universal reset. Preserve the original Statement of the Case, later supplements and filing receipts so the actual sequence can be checked.
Official regulatory text
38 CFR § 19.31
eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 19.31 Supplemental statement of the case.
(a) Purpose and limitations. A “Supplemental Statement of the Case,” so identified, is a document prepared by the agency of original jurisdiction to inform the appellant of any material changes in, or additions to, the information included in the Statement of the Case or any prior Supplemental Statement of the Case. The information furnished with the Supplemental Statement of the Case shall include a statement describing the available review options if the appellant elects review of the issue or issues on appeal in the modernized system. In no case will a Supplemental Statement of the Case be used to announce decisions by the agency of original jurisdiction on issues not previously addressed in the Statement of the Case, or to respond to a notice of disagreement on newly appealed issues that were not addressed in the Statement of the Case. The agency of original jurisdiction will respond to notices of disagreement on newly appealed issues not addressed in the Statement of the Case using the procedures in §§ 19.29 and 19.30 of this part (relating to statements of the case).
(b) When furnished. The agency of original jurisdiction will furnish the appellant and his or her representative, if any, a Supplemental Statement of the Case if:
(1) The agency of original jurisdiction receives additional pertinent evidence after a Statement of the Case or the most recent Supplemental Statement of the Case has been issued and before the appeal is certified to the Board of Veterans' Appeals and the appellate record is transferred to the Board;
(2) A material defect in the Statement of the Case or a prior Supplemental statement of the Case is discovered; or
(3) For any other reason the Statement of the Case or a prior Supplemental Statement of the Case is inadequate.
(c) Pursuant to remand from the Board. The agency of original jurisdiction will issue a Supplemental Statement of the Case if, pursuant to a remand by the Board, it develops the evidence or cures a procedural defect, unless:
(1) The only purpose of the remand is to assemble records previously considered by the agency of original jurisdiction and properly discussed in a prior Statement of the Case or Supplemental Statement of the Case; or
(2) The Board specifies in the remand that a Supplemental Statement of the Case is not required.
(d) Exception. Paragraph (b)(1) of this section does not apply in proceedings before the General Counsel conducted under part 14 of this chapter to cancel accreditation or to review fee agreements and expenses for reasonableness.
(Authority: 38 U.S.C. 5902, 5903, 5904; 38 U.S.C. 7105(d) (2016))
[67 FR 3104, Jan. 23, 2002, as amended at 73 FR 29879, May 22, 2008; 84 FR 178, Jan. 18, 2019]
Related references
- 38 CFR § 19.29: Understanding a Legacy Statement of the Case
- 38 USC § 7105: Filing a Board Appeal
- 38 CFR § 3.2400: Modernized and Legacy VA Appeals Explained
- 38 CFR § 3.159: VA duty to assist: records and examinations
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