Award grant after Substantive appeal form 9?

[marine0816]

My lawyer just submitted the substantive appeal (form 9) to the RO, he stated that they will grant or send the claim to the BVA.  I didn’t know  they can still grant the claim at the form 9 step.. how often do they grant your appeal after submitting  the form 9 to them? Thank you..

[marine0816]

1 minute ago, Berta said:

Is the I-9 filed on this?:

https://community.hadit.com/topic/70087-va-gives-100-in-one-letter-and-the-next-letter-they-propose-to-cut-it/#gsc.tab=0

Yes 

[broncovet]

As indicated, the VA does not "have" to defend against you, they can award the benefit sought.  This is good to know.  I think this is part of what Berta was talking about when she "asked VA to CUE themselves".   At least "some of the time", Va will admit the decision is in error and not force the Vet to go through the apppeals process.  This should be done MORE often, maybe much more, to reduce appeals backlog.  

Once in a while we hear the VA will say things like, "well if you drop the xx claim, we will award the Y benefit".    Usually, when VA does negoitiate like this, they realize they are in a weak defensive position.  It makes sense to me:

My attorney asked me to drop the sleep apnea claim,  While I did not want to do this, I did know that it was a very rough issue to prove, as there was no such thing as sleep apnea diagnosis in the 70's, and I did not have documentation of snoring in service.  I knew I had to go secondary, that is sleep apnea secondary to depression.  I did discuss this very issue with a private sleep doc, who went so far as to say that depression/PTSD   has the same symptoms as sleep apnea, so they are as related as birthday candles and a birthday cake.  

[marine0816]

thanks for all your help, I was stricky going off from what my lawyer said and M28R, Part I I I, Section C, Chapter 3 stated.. I don't have my decision available right now to put it up here..

 

 

VA Form 9 appeal 28R-2FPart_III-2FM28R_III_C_3.pd page 12.pdf

[marine0816]

My SOC  stated that there was no "objective medical evidence". But we gave New And Material evidence which included an IMO from a specialist. MY form 9 basically said that the SOC is not accurate because we gave the IMO in the NOD.

[Gastone]

If in fact the Post-Decision  (N & M Evid) to include an IMO was not available for the Rater, Sr Rater or DRO that made this last Award, then per VA Reg the New Evidence has to be addressed before the BVA Appeal can be Certified by the RO and transferred to the BVA for Docketing. There is the SlIM possibility that your New Evidence could Seal the Deal, but then again maybe not.

Are you Appealing for an EED or T & P? Which SC's are in question?

Semper Fi

[marine0816]

3 minutes ago, Gastone said:

If in fact the Post-Decision  (N & M Evid) to include an IMO was not available for the Rater, Sr Rater or DRO that made this last Award, then per VA Reg the New Evidence has to be addressed before the BVA Appeal can be Certified by the RO and transferred to the BVA for Docketing. There is the SlIM possibility that your New Evidence could Seal the Deal, but then again maybe not.

Are you Appealing for an EED or T & P? Which SC's are in question?

Semper Fi

 

The new IMO was cited in the SOC and they still said no "objective medical evidence". I'm increasing ears, nose from 10% to 20%