VetCert Appeals: Seven Real Decisions on SBA Denials

This page is for a veteran business owner whose VetCert application the Small Business Administration (SBA) denied, and who wants to see how real appeals went. How an appeal works, the 45 business day deadline, and applying again are in VetCert denied.

A denial for lack of proof of veteran or service-disabled status can't be appealed to SBA's Office of Hearings and Appeals (OHA). That status comes from the VA's records.

Below are seven OHA decisions on VetCert appeals, September 2025 to June 2026. Their case numbers start with VSBC, for Veteran Small Business Certification. They are examples, not odds, and say nothing about how any other appeal will come out.

SBA says APEX Accelerators can help you see whether you're eligible for small business certifications, and APEX says its guidance is no-cost.

Granted

Blue Skye Foods, LLC, SBA No. VSBC-442-A, September 4, 2025. SBA had denied because the operating agreement needed both members' consent to change the accounting method or tax classification, or to act against the agreement. The judge held that the control rule's last exception covers clauses that protect a minority owner's investment without touching management and daily operations. These two clauses fit that exception. The judge would not consider changes to the operating agreement made after the denial.

Datawize Technologies LLC, SBA No. VSBC-458-A, January 12, 2026. The operating agreement required unanimous consent to distribute profits. The judge agreed this is not a listed exception and the veteran should control it. The business won anyway. The same agreement let the veteran amend or replace it alone after notice, so the minority owner's block was not real. Under the rule on control, a veteran's unused right to change control or management is not control by itself. The one exception is a rule on corporate boards. The Datawize decision does not discuss that rule.

Sent back

T.S. Conard, Inc., SBA No. VSBC-468-A, March 12, 2026. The denial letter's reasons section read "[denial reason(s) entered by Analyst]" and nothing else. The judge held that a letter with no stated reason is clear error. The judge set the letter aside and sent the application back to SBA for a new decision.

Denied

GovPak LLC, SBA No. VSBC-477, June 3, 2026. The veteran owner had another job. He told SBA that when he was unavailable, two employees of the minority owner, a company, monitored day-to-day operations and could make "vital business decisions". On appeal he tried to take those statements back, and the judge found the attempt lacked credibility. The judge found SBA could reasonably conclude that non-veterans had actual control.

Dismissed

NovaHorizon Ventures LLC, SBA No. VSBC-473-A, April 23, 2026. The petition made no argument about why SBA's denial was an error. The judge ordered the business to file a petition that met the rules or face dismissal. No filing came, and the judge dismissed.

Foster-Somerled Enterprises LLC, SBA No. VSBC-465-A, February 5, 2026. Dismissed as moot, meaning nothing was left to decide. SBA had approved the business as a veteran-owned small business (VOSB) and declined the service-disabled veteran-owned small business (SDVOSB) part. The business appealed because the letter did not cite specific reasons. SBA found an error in issuing the letter and put the SDVOSB application back into processing, so the appeal was dismissed.

Zenith Aviation, Inc., SBA No. VSBC-478-A, June 3, 2026. Dismissed as moot. The business appealed on May 15, 2026. On May 21, SBA reconsidered the applications and certified the business as both an SDVOSB and a VOSB. The judge then dismissed the appeal as moot.

Before you apply again, the VetCert guide covers who qualifies, and VetCert control rules covers what your governing documents must show. SBA's VetCert FAQ points applicants to free business counseling, including at Veterans Business Outreach Centers.

This site teaches how a VetCert appeal works. It does not appeal or apply for anyone, and nothing here is a promise about what SBA or OHA decides.