Anyone have their I-9 questioned this way?

[Berta]

I filed a timely I-9  "within one year of the date that they mailed you the original decision denying your claim, " as it appears on page 6 of the BVA Appeals pamphlet.

The VA IRIS just told me they closed my claim last December....... a little over 60 days after the decision came here.

The BVA Appeals and established VA case law states clearly:

"Your local VA office must get your VA form I-9 within 60 days of the date that they mailed you your SOC, OR

within one year of the date that they mailed you the original decision denying your claim, whichever is later."

I am not too concerned because their CUEs in the decision are not resolved but am I going nuts or has the VA suddenly changed the one year I-9 Appeal period if one does not respond within the 60 day period?

 

[Berta]

I realize that I have not been focusing on my issues maybe as well as I should have been....

But when you file a timely I-9, it means you are going to have a long wait until it gets to the BVA.You can put it out of your mind.....for a while

I had no idea what the VARO had pulled on me....the latest of 20 years of crap...which they will pull on your spouses too if you die. 

I am leaving the site here until I get this appeal problem resolved.

We have a rater here as a member and he can certainly help with many of your  claims issues.

[Berta]

Never mind the question, I know the answer and VA also does too:

"Appeals at the local regional office level

Once a VA office issues its decision on your claim, you have one year from that date to file an appeal. Read the decision letter closely:  it will tell you why VA made the decision it did.  If you are unsure why or how VA made its decision, ask a Veterans service officer for help.  You can also call VA or go to your regional office."

http://www.blogs.va.gov/VAntage/25738/the-appeals-process-appeals-at-the-regional-office-level/

And this is clearly spelled out in 38 USC, 38 CFR and M21-1MR. And on the back of the I-9 form.

My USPS says I mailed it sooner then the VA's date...nevertheless, I have filed a Timely Appeal and now need to use the TTOOB manuever.............. AGAIN!

(TTOOB Take Thumbs Out Of Butts)

 

[broncovet]

The I9 "instrustions" states it as follows:

Quote

4. HOW LONG DO I HAVE TO COMPLETE THIS FORM AND FILE IT? Under current law, there are three different ways to calculate how much time you have to complete and file this form. The one that applies to you is the one that gives you the most time: (a) You have one year from the day your local VA office mailed you the notice of the decision you are appealing. (b) You have 60 days from the day that your local VA office mailed you the SOC. (c) Your local VA office may have sent you an update to the SOC, called a "Supplemental Statement of the Case" (SSOC). If that SSOC was provided to you in response to evidence you or your representative submitted within the one-year period described in paragraph 4(a) of these instructions, above, and if you have not already filed this form, then you have at least 60 days from the time your local VA office mailed you the SSOC to file it even though the one-year period has already expired. See 38 C.F.R. 20.302(b)(2). There is one special kind of case, called a "simultaneously contested claim," where you have 30 days to file this form instead of the longer time periods described above. A "simultaneously contested claim" is a case where two different people are asking for the same kind of VA benefit and one will either lose, or get less, if the other wins. If you are not sure whether this special exception applies, ask your representative or call your local VA office. 3 If you have any questions about the filing deadline in your case, ask your representative or your local VA office. Filing on time is very important. Failing to file on time could result in you losing your right to appeal.

The date of the I9 form I copied this from is July, 2015.  

[Berta]

Thank you Broncovet. 

I prepared my war plan and know why this happened.

Just like the way they violated my VCAA rights in my DMII claim and also refused (at first) to re open my DIC claim (that DMII award was a 5 or maybe 6 figure monetary amount,when all the ancillary benefits were paid) and the BVA caught that VCAA violation,they have again chosen to retaliate against me as a claimant because they know there is more retro involved.

I asked them to apply OGC Pres Op # 08-97 to their last decision on my SMC CUE award, within my Nehmer decision.

They said they had paid all benefits due me in the retro.

They never listed the Pres Op  as evidence and I assumed they never read it but now I know they DID read it. It means another CUE win and more CASH for me.

The Pres Op  clearly states that any veteran with a 1151 rating and a direct SC rating will receive "ALL" compensation the VA owes them.There are about 4 or more OGC Pres Ops regarding 1151 and this one is the clarify again some of those other opinions. This was written after the Gardner Moratorium , which was lifted and which I was in ,in 1997, prior to this opinion.

The word "all" is highlighted in the opinion and stated three times. (# 08-97)

 https://www.va.gov/ogc/opinions/1997precedentopinions.asp

No veteran or their survivor as an established accrued recipient (I have searched for years) has ever had a 100% SC P & T award,plus a separate 100% P & T 1151 award.

And No claimant has ever made this challenge as far as I know at the BVA or the  CAVC.

No claimant I know of  has ever used this Pres Op to support any of their issues.

My audit of their accrued award to me revealed they completely disregarded the veterans proper  100% P & T 1151 comp.

We have had here, over the past 2 decades veteran who succeeded 1151 awards that were "combined" with SC comp or paid as " secondary conditions." 

I think, based on this opinion, that the VA has screwed them all.

Thank you Broncovet...You are the only member here that has ever taken the time to reply to questions I have had over the past 20 years about my own issues. 

I sent another IRIS  complaint ,with the very same info in the copy you pasted from ( I scanned the page fro BVA Appeals Pamphlet ) asking how the VA has Re -written the regulations in 38 USC,38 CFR, MR1-1MR, regarding the one year appeal option, yet never told veterans, VSOs, rep vets or vet lawyers about their new version of established VA case law.

Like my last CUE battle last year ( they LOST again) this will take up my time,as I breathe down their necks with our best weapons of all.. Established VA case law, and regulations, to include OGC Pres Ops.

I have 2 people at the Buffalo VARO who I want POTUS to FIRE.

(edited- make that 3 people-I forgot a DRO)

 

 

 

 

 

 

Edited January 26, 2017 by Berta

[flores97]

Mrs Berta, I apologize ma'am, I just saw this post.  While my knowledge is not nearly as thorough as yours or Broncos,  may I suggest that on or right after February 1st (the day our new VA Secretary has his confirmation hearing), that you email Mr David Shulkin, our new secretary.  If you google his email address it will show you the link to contact him,  or I can post it if you like.  I have actually already emailed him,  before I considered the fact that he hasnt been confirmed,  BUT less than one week after the email,  I received a call from my RO letting me know a decision has been made on my overdue NOD. The only reason I emailed him is,  every time I called Peggy,  I was being told that a decision had been made in September,  which was before I faxed in the denial letter from Voc Rehab for my tdiu,  and I had notified my RO several times in August that I would be providing the denial letter, after having my in-home assessment for the Independent Living Program. The gentleman told me at the assessment that I was permanently and totally disabled, told me he was strongly recommending equipment to help me get around the house during flares of the lupus,  and that I would be receiving a letter from my counselor soon to that effect.  So of course when I was told by Peggy numerous times (in error) that a decision had been made in September,  I thought they rushed to deny my tdiu before I could provide the VR denial letter.  I would also mention to the secretary that you believe (and I'm sure are 100% accurate) that you are being retaliated against by your VARO. I still don't know the outcome of my NOD,  but I'm fairly confident that they awarded 100%, as I qualified under the schedular rating for lupus as well.  I wish you the very best Mrs Berta,  and I hope you get a much speedier resolution to this claim than you have in the past, due to their ignoring evidence! 

[Berta]

GOOD for YOU! Flores!

As I said before here many times, it will take VETERANS to change the systems well as any swamp draining the President and new Secretary will do.

I just filed a VA OIG complaint on my situation and have my letter to Sec Shulkin ready,but was waiting for him to be confirmed....maybe I will send it today anyhow.....I have contacted President Trump twice pre -election and day after he was elected but this was just general statements as to how incompetent the VA is.

It has some acronyms but I need to edit spell them out 

My opening line to Secretary Shulkin is

Dear Mr Secretary:

 I am a Gold Star Wife and the widow of a decorated Vietnam Combat veteran, whose untimely death ,at age 47, was caused by VA malpractice. I have enclosed FTCA settlement and also my Section 1151 DIC award as proof  and the subsequent awards of his multiple service connected disabilities, and as you can see the VA killed an Agent Orange Combat veteran by malpracticing on his DMII and IHD due to his exposure to AO in Vietnam.

I  am sure that will get his attention with a copy to Pres Trump as well.

I have 4 -5 suggestions in the letter on how to reduce the backlog and also I am copying every single bogus VA decision I have received in over 20 years from the Buffalo VARO and sending them to him and Pres Trump.

I won them all except the one that is pending but my point is that this crap should not happen to veterans or their survivors.If the VA violates their own regulations we have to MOVE FAST to get that error corrected.

The VA knows full well that veteran claimants are all DISABLED and some could even die during the claims process, and that goes for many of their survivors as well.

VA isn't our enemy -Time IS-and they take full advantage of that fact.

They cannot continue to  circumvent established VA regs and case law and deliberately ignore our evidence.

This is part of my complaint to the OGC...I do feel retaliated against and discriminated against as well.

"I have filed IRIS complaints that so far have not resolved my issues. I do know that VAOIG does not handle claims issues but this is far more than a claims issue.

If I am the sole Buffalo RO claimant this has continually happened to for over 20 years,it is discrimination.

Because I have no idea how many veterans or widows they have pulled this on in the past."

-------------------------------------------------------------------

I am willing to do my part as a civilian to help change the VA ,but I sure hope others like you will do their part too!

Flores, you know how to fight back and that is what it takes!

I had the edit this I forgot ...the IG complaint form is different since we got a new IG. They ask who caused the problem so I dropped a dime on the two RO people who screwed me ....and how they did it....by completely ignoring my probative evidence and failing to apply established VA case law and regs to the claim (plus th OGC Pres Op 08-97)

Then they asked for Witnesses

and I stated

Anyone at the Buffalo VARO who can read.

 

 

.

 

 

 

Edited January 26, 2017 by Berta