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I feel that my Substansive Appeal claim status should have remained "Certified to BVA" and not withdrawn by VA.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

[broncovet]

Berta...

While this was probably true at one time, ebenefits now is available to "family members" (of the Veteran). Example here:

https://www.ebenefits.va.gov/ebenefits-portal/ebenefits.portal;EBEN_JSESSIONID=J2n7PmvTTkfG0Ptwkp90wrGVg9hbQ4YG6ZFJk9TpC6jpvMKMyvJp!-347439318!2126638890?_nfpb=

I think you can get an account, it just may not be as detailed as the Veterans? Not sure about that.

Deanbrt

The VA is required to file a "SOC" after the Veteran files the NOD, unless the appealed benefit is granted in full with the DRO review.

If the Veteran submits new evidence after the SOC, the VA must file a SSOC, "Supplemental Statement of the Case". Fortunately the VA rarely does SSOC's. This is good for you, that they dont do a SSOC, because you can use their failure to follow the rules against them, in the future, if your appeal fails.

You can use the VA failure to file SSOC very similar to the VA failure to file SOC...both keep the orignial claim "pending"...and can result in an EEd.

We can insist the VA follow the rules..at least, at the CAVC level.