Confused About Claim

[Scott D]

I received a decision that contained a statement of the case with a form-9. The decision awarded a 50% rating but denied the higher rating. I want to appeal this decision. I called my VSO to ask about the form-9 and he said there was already a NOD filed (I did not file this) and the form -9 is not required. Does this sound right? The time frame for the form-9 is approaching in a few days.

[carlie]

If you want to continue an appeal to the BVA - I'd complete and submit the form 9.

JMHO

[Scott D]

If I dont continue the appeal to the BVA wil the RO handle it?

[Shyne-I]

If I dont continue the appeal to the BVA wil the RO handle it?

Scott, I would go ahead and file the Form 9 to keep the claim alive, but I would also file a NOD for the most current rating of 50% and ask for an increased rating. If your rep says that he has already completed a NOD for the current decision, I would contact the VA or look on ebenefits to see if it is listed. The RO will look at New and Material evidence that you submit but you need to include that evidence with the NOD of the 50% rating. What is the highest rating for the condition that you are claiming and do you meet those requirements? Is there something that the RO did not consider in the evidence they used to come up with a 50% rating. You have to be able to prove that your condition meets that higher rating. JMO

Shyne-I

[71M10]

No this does not sound right! If you don't complete a form 9 (which is not a NOD) after the SOC within the perscribed time period (normally 60 days) the case is FINAL (closed) and the only way you could then appeal is if Clear and Unmistakable Error was commited.

It sounds like you need a Form 9 completed and a new VSO.

[Scott D]

You were right, I need to find a new VSO. When I finally got a chance to speak with the VA they said the form 9 was due today. If I didnt file this this the decision would be final. Almost missed that chance to keep it alive.

[FormerMember]

And you wonder how Vets lose? The Blind leading the Deaf. I congratulate you on checking up. You just save yourself a lot of money but mostly time waiting in another line. Now follow up with a concise list of each and every part of it you don't like or feel is in error. Start with the diagnostic code for the disease /injury and look at the 50% you received and the next higher to see if your symptoms more closely approximate that higher one. Make sure to choose now whether you want to schedule a face to face Board hearing, a videoconference version or none at all. VA is notorious for lowballing us. Yep, gotta love those NSO mailmen. They are flat on it. And don't forget to pull up the VSO's tent stakes. Rescind your Power of Attorney before you get the claim certified and the Form 8 issued. You don't want Donny Deadwood in DC. I'd personally start reading the VBM for breakfast , lunch and dinner or consider hiring a law dog. It seems simple to argue for a higher rating but it must be based on facts already in the record. If they do not support 70%, you're trying to lasso unicorns. Best of luck.

a

cp