Appeal I-9

[Berta]

NVLSP years ago and in successive VBMs has suggested using the wording here on all I-9s.

They were delighted I posted this info here at hadit but I have no idea where that post went.

It bears repeating.

Someone on your I-9 form (I put it near the hearing box)- add this statement to your formal appeal .

"I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter might could make in deciding this appeal. This includes all legal errors, all factual errors, failure to follow M21-1,all due process errors and any failures to discharge the duty to assist as violation of basic VA laws and regulations within 38 USCS and 38 CFR."

I immediately told them on my I-9 why their decision on my claim was wrong and then went into the legal errors they had already made and cited the regs.

BVA took notes of these errors and found that since my evidence was so strong, the errors were not prejudicial.at that point.

because they awarded.

The errors had been for 6 years prior to the award- prejudicial- and did not account for proper application of established VA case law and the VCAA regs.

The inserted statement that NVLSP suggests- keeps to the forefront at the BVA,- that legal VARO errors could have prejudiced your claim.If so those errors have tio be corrected by remand or in some cases the BVA has enough evidence to award so the errors do not matter anymore.

The very first thing the BVA does is read the VCAA letter you got to see if it was erroneous.

I feel reps should be questioning any incorrect VCAA letters as soon as they get copy of one from the VA for anyone on their POA.

[Pete53]

The fact is the VA does not want the Vets to have legal representation, claim that they help Veterans and shoo them to unqualified poorly trained VSO's and than punish by not considering evidence that would help a Veteran get a higher rating unless the Veteran knows how to ask for it.

The whole deal sucks and this is how a grateful nation rewards service.