VA Form FL1-28: Supplemental Statement of the Case Guide – Veterans navigating the legacy VA appeals process may receive VA Form FL1-28, a key document that accompanies an updated explanation of the VA’s position on their appeal. Understanding this form and the enclosed Supplemental Statement of the Case (SSOC) is essential for protecting your appeal rights.
This guide explains what VA Form FL1-28 is, when it is issued, how to respond, important deadlines, and your options—including opting into the modern decision review system.
What Is VA Form FL1-28?
VA Form FL1-28 is an official form letter from the Department of Veterans Affairs titled “Supplemental Statement of the Case.” It serves as a cover letter that accompanies an updated Statement of the Case (SOC) in legacy VA appeals.
The form itself is not something you fill out to submit new information. Instead, it provides clear instructions on how to respond to the enclosed SSOC and outlines your options for continuing or withdrawing your appeal to the Board of Veterans’ Appeals.
Revision date: August 2008 (still in use for pending legacy appeals).
Official Download Link
Download VA Form FL1-28 (PDF)
What Is a Supplemental Statement of the Case (SSOC)?
A Supplemental Statement of the Case (SSOC) is an update to the original Statement of the Case (SOC). The VA issues an SSOC when you submit new evidence after receiving the initial SOC and the VA regional office continues to deny or only partially grant your appeal.
The SSOC explains:
- Why the VA reached its decision on the issues on appeal
- How it considered your new evidence
- Any changes or additions to the original SOC
It is not a final decision. It keeps your appeal active in the legacy system and gives you an opportunity to respond before the case potentially moves to the Board of Veterans’ Appeals.
When Does the VA Issue VA Form FL1-28 and an SSOC?
The VA sends VA Form FL1-28 (with the enclosed SSOC) in these situations within the legacy appeals process:
- You filed a Notice of Disagreement (NOD) on a decision dated before February 19, 2019.
- You (or your representative) submitted new evidence after the original SOC.
- The VA reviewed the new evidence but did not fully grant the benefits sought.
Important context: The legacy appeals system is closed to new claims. It only applies to appeals where the original decision was issued before February 19, 2019, and a timely NOD was filed. New disagreements use the modern decision review options.
The Legacy VA Appeals Process Explained
Here is a simplified overview of the legacy process relevant to SSOCs:
- VA issues a decision on your claim.
- You file a Notice of Disagreement (legacy Form 21-0958, now closed for new use).
- VA issues a Statement of the Case (SOC).
- You file VA Form 9 to perfect your appeal to the Board (or opt in to modern system).
- If you submit new evidence, VA may issue an SSOC (with VA Form FL1-28 cover letter).
- You respond to the SSOC (optional in many cases).
- Case proceeds to the Board of Veterans’ Appeals (or you opt in to modern review).
How to Respond to VA Form FL1-28 and Your SSOC?
VA Form FL1-28 gives you two main paths. Read the letter carefully and choose based on your situation:
Option 1: Continue Your Appeal to the Board of Veterans’ Appeals
- If you already filed VA Form 9: Your response to the SSOC is optional. You have 30 days from the date of the FL1-28 letter to submit a written response explaining what you disagree with and why. There is no special form required.
- If you have not yet filed VA Form 9: Complete and file VA Form 9 as soon as possible. You can include your response to the SSOC with it. Failing to file on time can result in loss of appeal rights.
Option 2: Withdraw Your Appeal
- If you already filed VA Form 9 but no longer wish to continue, write to the VA and formally withdraw your appeal.
- If you have not filed VA Form 9 and do not want to continue, do nothing. The VA will close the appeal when the time limit expires.
The letter encourages you to discuss your options with your accredited representative if you have one.
Critical Deadlines You Must Know
- 30 days from the date of the VA Form FL1-28 letter to respond if you wish to continue the appeal (when Form 9 is already filed).
- 60 days from the date of the SSOC in many cases to perfect your appeal by filing VA Form 9 (if not already filed).
- These deadlines are strict. Missing them can end your appeal rights in the legacy system.
Sending additional evidence does not automatically extend your deadline to file VA Form 9.
Opting Into the Modern VA Decision Review System from a Legacy Appeal
If you received an SOC or SSOC, you may be eligible to opt in to the modern Appeals Modernization Act (AMA) system within 60 days of the date of the SOC or SSOC.
Modern options include:
- Supplemental Claim (new and relevant evidence)
- Higher-Level Review
- Board Appeal
Opting in ends the legacy process and cannot be reversed. It often provides faster processing and more choices.
Check your specific SOC/SSOC letter for opt-in instructions and use the appropriate modern form (such as VA Form 20-0995).
Related VA Forms and Documents
- VA Form 9 — Appeal to Board of Veterans’ Appeals (legacy)
- VA Form 20-0995 — Decision Review Request: Supplemental Claim (used for opting in)
- VA Form 21-22 or 21-22a — Appointment of accredited representative or attorney
Practical Tips for Handling Your SSOC
- Read the entire SSOC and VA Form FL1-28 cover letter carefully.
- Compare the SSOC to your original SOC to identify what changed.
- Gather any additional supporting evidence or medical opinions that directly address the VA’s reasons for denial.
- Consider consulting an accredited representative before responding.
- Keep copies of everything you submit and note the date you mailed or uploaded documents.
- Track your appeal status online at VA.gov.
Where to Get Free or Low-Cost Help with Your VA Appeal?
You do not have to navigate this alone. Free help is available through:
- Veterans Service Organizations (VSOs) such as DAV, American Legion, VFW, and others
- VA-accredited attorneys and claims agents (some work on contingency)
- State Veterans Affairs offices
- County Veterans Service Officers
Find help near you:
Find a VA Accredited Representative or VSO
Frequently Asked Questions About VA Form FL1-28
Is VA Form FL1-28 a decision on my claim?
No. It is a cover letter that accompanies an updated explanation (SSOC). It does not grant or deny benefits.
Do I have to respond to every SSOC?
If you already filed VA Form 9, responding is optional but often helpful to strengthen your position.
Can I submit new evidence with my response?
Yes. You can continue submitting relevant evidence throughout the legacy appeals process.
What if I miss the deadline?
You risk losing your right to have the Board review your case in the legacy system. Contact the VA or your representative immediately if you missed a deadline.
Download VA Form FL1-28 and Additional Official Resources
- Download VA Form FL1-28 (PDF)
- VA Form FL1-28 Official Page
- Manage a Legacy VA Appeal
- VA Decision Reviews and Appeals Overview
- VA Form 9 – Appeal to Board of Veterans’ Appeals
- Find an Accredited Representative
- Check Your Claim or Appeal Status
Need more personalized guidance? Sign in to VA.gov or contact your regional VA office. For complex legacy appeals, working with an accredited representative or attorney significantly improves your chances of success.
This information is for educational purposes and is based on official VA resources current as of 2026. Rules and forms can change—always verify the latest information directly from va.gov or your accredited representative before taking action on your appeal.