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Certification Va Form 8 Error

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lcpmom

Question

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I feel that my Substansive Appeal claim status should have remained "Certified to BVA" and not withdrawn by VA.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

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Deanbrt

You are correct. A new claim was reopenned and the Status is now "CLOSED AND COMPLETE". with Appeal Possible. No Ab4 or AB8 letters in EBENEFITS! I am not sure what is going on now!

in EBENEFITS APPEAL section the claim is still showing as a SUBSTANTIVE APPEAL (Claim/Eveience never received by BVA). And the new claim is complete and closed.

Can there be two claim processes(BVA APPEAL and VARO COMPENSATION Decison going on at the same time for the identical claimed contention?!!!

Thanks

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"Can there be two claim processes(BVA APPEAL and VARO COMPENSATION Decison going on at the same time for the identical claimed contention?!!!"

Yes because as long as the Regional Office has jurisdiction ( meaning they have not formally transferred the claim yet to the BVA) the claim is technically still pending at the RO level.

Many claims, even though an I-9 has been filed, never get to the BVA at all because they are resolved at the regional level to the claimant's satisfaction.

Deanbrt said:

"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."

It could be that the RO saw the new evidence and figured they better do something with it---

and that could be a good thing.

Unless your claim has already been transferred to the BVA and you have a BVA docket number. ...If so, I would send that evidence to the BVA as well as the VARO with the BVA docket number and your C file number on it.

"it looks like the VARO has put in my new evidence as a new claim."

I dont understand why they did that-as a 'new 'claim but they also have your waiver of their further jurisdiction,so they had to account for this new evidence somehow.

Do you have a vet rep Deanbrt?

If you do they probably had to prepare a 646 by now for the BVA appeal and they might have better idea of what is going on.

My CUE was 'certified' for BVA transfer per VA in Aug 2010 but they suddenly pulled it from the BVA stack and sent it to another VARO it was awarded at the regional level in January as it was contingent to my AO IHD Nehmer death claim there.

There is nothing better ,in my opinion, than having New Evidence so I am very hopeful that maybe either your rep or ebenefits will have more info for you on this.

You gave very good advice here as to checking the ebenefits thing!

VA doesn't let us widows use ebenefits and I wish they did because I have no familiarity with that or how to interpret what ebenefits says.

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ICP mom. Check the detail screen on the claim. It should show the subject. Is it the same as yoiur new evidence. That is the case with mev. Berta, I have used and VSA an attorney.

Berta, Every success I have had has been on my own. I was tempted to drop the IU appeal after I received confirmation of my award for secondary in early April; from BVA. But since I do not know the % of the award yet or if it is P&T I have elected to keep the appeal in process.

Some of the new evidence was not so new. During a e re-examination of my service connected legs the C&P examiner wrote that "it is as least likely as not" that I can not longer work due to them. I pointed out that the benefit of the doubt should go to the veteran.

The rest was new. To counter the caractereization my varicose veins were mild I noted I am scheduled for ablation surgery on my iight leg in June at VAMC.

I further provided new evidence that I have been diagnosed (as a result of EMG anbd NCV tests in April at VAMC) with polysymetric neuropathy in both feet and carpal tunnel in both hands. It is for these two that they have created a "new" claim rather than add them as evidence, as I requested. the diagnosis was from the Chair of the state medical school who is also head of neurology for my VAMC.

Why they did that is the question. Because of the claim I have responded and listed them as secondary to my already service connected injuries. I would like to think you may be right. They are reconsidering their decision. Certainly I rejected the DRO route and requested immediate BVA adjudication Feb. 17. I also waived my right for the RO to review new evidence. And yet my appeal has remained there since March 8 when the notified me they were doing a "post-decision" review.. When I inquire when it will be released to BVA through IRIS i get no answer.

The truth is I see this as a stall tactic and attempt to strip the appeal of evidence that bolsters it. I hope I am wrong and you are right.

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Deanbrt

Yes, the subject(claimed condition) in the newly opened (closed and complete) claim is the same condition that is listed in my SUBSTANSIVE APPEAL claim.

The issue that I have is that while the appeal claim is still listed as a SUBSTANSIVE APPEAL, VA has taken away the "CERTIFIED TO BVA" status.

Have you heard anything regarding your claim that was handled in this manner?

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ICP. they are doing the same to both of us. I have not seen anything that confirms my certification to BVA has been taken away but that is my guess. I am speaking for myself but your odds at BVA are better than at the RO and this may be a deliberate attempt at delay.

If it goes through as a claim I think they can hold up your appeal until a decision is made on the claim. Months, if not more....

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On the other had, the fact that they closed the claim so fast and pulled your certification to BVA may be an indication of good news to come. smile.png

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