Certification Va Form 8 Error

[lcpmom]

I was informed by the VSO that my Substantive Appeal claim status in Ebenefits no longer showed 'Certified to BVA" because the VARO pulled the VA form 8 (whatever that is).

The veteran's assigned VSO told me that the VA had the right to pull the VA form 8 and send me another SSOC despite me receiving a SSOC already.

I wrote a letter to VA after the appeal was certified to BVA (claim still at VA) and pointed out a serious error that was made by them. I think this is what caused the VA to pull the VA form 8.

I feel that my Substansive Appeal claim status should have remained "Certified to BVA" and not withdrawn by VA.

I read somewhere that once a VA form 9 was submitted, VARO must certify the claim to the BVA and assign a docket number.

What happens to the docket number if they took the Substantive Appeal out of "Certify to BVA" status?

Does the VARO have the right to send me another SSOC based on the review of my letter to them expalining the obvious error or should they have left the claim status as "Certify to BVA"?

I have been waiting for a reply from IRIS regarding my appeal status for over 2 months.

My assigned veteran service officer told me that VA was processing my appeal correctly and that I should just wait it out.

As far as I am concerned, something does not seem right with the way My appeal is being processed.

Any thought?

[Berta]

"wrote a letter to VA after the appeal was certified to BVA (claim still at VA) and pointed out a serious error that was made by them. I think this is what caused the VA to pull the VA form 8."

Good for you!!!!!!

This is the job of VSOs when they file a 646. Unfortunately they seldom ever question an I-8 error.

I posted a topic here some time ago on what the I-8 is .

An error on it could even cause a BVA remand if you didnt question it , so it is great that you called their attention to it!

They will have to generate a new decision, with the next SSOC.

It will take more time but,in my opinion, when the VA makes errors like this- this all can work to the claimant';s advantage.

At least the VSO didnt try to take credit for this- I commend you for questioning them right away.!~

[lcpmom]

Berta

Thank you for koodos, it really make me feel good that I have done something that may have helped my claim.

So what happens to my VA form 9 (Substantive appeal to BVA)?

Will I have to prepare another VA form 9 if another SSOC is sent to me for the claim that is already in Substantive appeal status?

Thanks again!

[deanbrt]

I may have the same thing going on with an appeal of mine. It was certified to BVA after I declined DRO review March 8 . I submitted new evidence to go with it and waived my right for the VARO to review the new evidence but now it looks like the VARO has put in my new evidence as a new claim. My first reaction is that it is a stall tactic to keep my appeal at the VARO.

If they treat your new evidence as a claim they may be able to tie up your appeal.

[deanbrt]

I hope Berta is more correct than I am

[Berta]

If the next SSOC alters the way you feel your I-9 should have been worded, you could send an addendum to the I-9 in-

but I think it is best to wait and see first what the next SSOC reveals.

I advise once the claim is transferred to the BVA (but let's hope it can be resolved at the regional level)

that both the I-9 copy and the addendum be stapled together and sent to the BVA.

Just in case the RO doesn't send the addendum along with the claims file to them.

An addendum is just an additional statement to support your claim with additional evidence if need..

The fact that VA erred,in my opinion ,should warrant you more time to prepare it and have the appeal still considered as timely. It only works in a few circumstances-like yours.

In 2005 I forced the VA to issue me an additional SSOC, by getting them to CUE themselves and the BVA agreed this gave me more time to file the I-9- which, unlike you, I had not done yet.

but these tactics can get hairy.

In your case the formal I-9 has been filed. You might not even have to prepare an addendum at all but we can help with that here if you need to.

[deanbrt]

For the h___ of it check claims on Ebenefits and see if your additional evidence shows up as a new claim.