Form 9 information

[Grunt198]

When completing the Form 9 is it appropriate to site previous BVA decisions on issues that are similar to the decisions you are appealing?  The written decisions by the court are available to search.

[broncovet]

I recommend one more step.  Dont cite the Board decsision, but cite the precedential CAVC or Federal Circuit decision that the board cites.  

That way, there can be no dispute that "BVA decision is non precedential, and non binding".  Precedential CAVC and Federal cases, and the US Supreme Court are all precendential.  CAVC cases are only precedential if they are "panel" decision or en banc.  Single judge CAVC decisions are non precedential, just like all board decisions are non precedential.  

[toddt]

brolncovet is correct.  Here is a link to CAVC:   http://www.uscourts.cavc.gov

You can use the BVA decisions to learn what they need in order to approve your claim.

[Grunt198]

Thank you..I am 60/30/10 and applied for TDIU..the 60 is for dermatitis and am claiming anxiety, constant washing of hands and having to apply ointments during the day distracts to the point where cannot concentrate or focus on administrative duties.  Also, am 73 Years old but up until recently worked and had no intention of quitting..  I know age cannot be a factor.

[Gastone]

If you just quit working, the VA will be looking at the WHY. Did you have earned income over the past 12 mos at or above $11,400 (your SGI level at 73)?

Just because a Vet can not or chooses not to do their former employment, doesn't necessarily qualify the Vet for an IU rating. The VA will make a determination as to the Vet's ability to do any type of Sedentary work, that would provide him with a $5.48 per Hr income for 40 hrs per week.

As evidence of your IU, a Denial Letter from the VA Vocational Rehabilitation Dept would put the Sedentary issue to rest. Myself and a few other Vets I work with, have used the Voc Rehab Denial Letter to get our IU Appeals Awarded. A very simple process that can be completed in as little as a few weeks. You can file for Voc Rehab on your E-Ben site.

Semper Fi

[Grunt198]

Thank you...Voc/Rehab good idea for several reasons . My desk job required focus and attention to detail.  Having to apply ointments and wash hands many times during the day and the itching at night interrupting sleep diminished my ability to handle my job.  VA prescribed mild anxiety drugs to help but all they did was make me tired.

 

SemperFi

[Gastone]

That Voc Rehab Denial Letter can be used to qualify for your States 100% or IU Disabled Vet Property Tax Exemption, also.

It's worked for a couple of MI Vets I assist and are still awaiting their IU DRO Hearings.

Semper Fi