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Certification and Docket Number

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Question

My Form 9 was submitted about 19 months ago.

I spoke with Charlie (1-800-827-1000) and he indicated my appeal is awaiting for certification before going to the BVA.

However; he indicated the appeal has a docket number.

Is this uncommon to have a docket number before the appeal is certified?

Also, what is the length of time for an appeal to be certified? 

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It could be held for transfer ,waiting for a 646, if you have a POA

http://www.va.gov/vaforms/va/pdf/VA646.pdf

This held up my BVA transfer and it was obvious to me that it was prepared by a rep not familiar with my case at all.

I had asked for a Remand in my I-9 because the RO completely  violated my VCAA rights.

Anyone with vet rep knowledge could have seen the violation right in their denial.

Then again many reps were unfamilar with the fact that survivors get VCAA rights based on the Hupp CAVC decision.

But still  it was obvious the VA had not addressed any of my probative evidence at all.

I dont know how long the 646 lingered before some state rep checked a box or 2 on it and did not advance my argument in the I-9 at all.

Sometimes, however, I have seen cases at the BVA whereby a POA did advance an argument in a very positive way for the veteran.

I feel 646s should only be needed when the rep is willing to do that. Otherwise they are just one more BS time waster , holding up a formal BVA transfer.

Once I got my Docket number I re sent much of my evidence (stuff disappears sometimes) and also sent in additional medical evidence. I sent it all directly to the BVA and checked with their ombudsman to make sure they got it.

 

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Gastone,. Omg I just went back and read my own post.  I am typing on my iPad.  I need to watch it better,. Because it often puts something different than I thought I typed.  So I'm going to do this again.  I totally messed it up and confused  you.  My daughter is not  or has never been in military..    I was talking about her  putting in for  ssdi   And being denied.  I don't know how it put in that her sister is a lawyer...  Omg I really confused my iPad.    And she has an appeal going with ssdi now.  She is single no childern so she had to move in with us.  Cause you can not work, not even part time when you have put in for ssdi.  So we are supporting her now and paying her car payments and part of her meds.  Which she is on 3 injections weekly and a ton of oral meds.  My question was since we are supporting her, and getting behind on some of our bills. Would that qualify for a hardship,. On trying to get the bva to move on with my husbands appeal?  And if you do not have childern it is hard to get any help.  Sorry for the other mix up.  I'm going to have to start proof reading  my work.  Lol

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What we had there, "Was A failure to communicate," Cool Hand Luke.

As to the SSDI, my personal experience on my wife's Behalf. Initial SSDI claim Denied within 6 mos of filing, not unusual from what I hear. I immediately filed an Appeal, much to my wife's displeasure. She thought I was wasting my time. Fast forward about 4 - 6 mos, received notification of appeal Hearing Date. She thought she would lose the Appeal and was not confident in my Reping her at the Hearing. At that point, I got her a SSDI attorney with a firm I do business with. 1 face to face retainer meeting, 1 sgl page legal brief and a 20 Min SSDI Hearing, SSDI Awarded. Cost was, no upfront fee, in the area of 20% of her Retro, if successful. I think he got about $1800 for his effort, not a bad payday for a junior associate.

Semper Fi

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I think it is my daughters age too.  Someone old gets it easier and quicker.  I remember I put in at 56,. I was denied at first.  I went with a company called allsup to help me the second time around.  . I got a date for the judge in mobile.  About two weeks before that,. I'm assuming after they got the doc report,. I got a letter of approval and did not have to go before the board.    

But do you know the answer to my original question?  If this would constitute a hardship, since we are having to support her, until they make a decision on her ssdi.  

Right now if they approve my husbands claim and he gets the percentage we are thinking.  They would owe him between 60 to 70k.

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Just a side on SSDI retro. My cousin went blind last year and applied for SSDI. He got his benefit last fall, but no retro pay. He was told that he was in the first group to not get retro SSDI. 

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