halos2

Oh My Gosh Berta thank you so much for responding... I wanted to write that first but was so into this National Association of County Veterans Service Officers info I found on the net..."The Appeal Process" So can he request this prior to sending to BVA?

I googled VA Form 646, and on page 26 right after the form 9 page it states; If for some reason, you want the RO to look at the claim again..."the claimant or claimant's representative requests in writing that the agency of original jurisdiction initially review such evidence." Just write this: If after considering this new evidence in total with all evidence submitted, you cannot grant my claim, my appeal stands." (This gives the RO one more chance to grant the claim...) How to submit evidence after you've filled the Form 9...confusion (they accepted the info he wrote in a narrative) But We don't know how the VA is going to write the "regulations and procedures" for this change...standby... SSOC If additional evidence was submitted with the Form 9 or the RO makes a 'partial grant', the RO will issue a Supplemental Statement of the case (SSOC). Continuation-veteran's appeal continues Partial Grant- veteran wins; if award is satisfactory you've avoided the lengthy BVA process Note: if the RO 'grants' the claim in full, it will write a NEW DECISION... So can he request this before it going to the BVA?

Never even saw one before and now vet friend will most likely have to file one. Need serious help.( Actually VSO just told vet they filled it out...needs to see it before anything goes cause do not know what to do...) Vet was under assumption claim was staying at local and being reviewed)..Vet was excited having heard from 3rd in charge...

Berta, I save everything also. In fact my family say they think I am a pack rat. I have cabinets full, totes full and boxes full. Good thing the kids are all out of the house as I have more rooms to put these in. I really need to take the time and do a better job of accounting them properly. It has gotten out of hand as of recent though more so. I did go through 1 big bag and found some duplicates...must have been between printers. I am on my 4th now. Plus I save web helps to. This Epson seems to use more in then my others did. Gets pretty expensive, but in the long run it will all be so worth it.

It is so great to read another vet winning their claim. The road will most likely be long even though a few may get their result early, the main thing all must do as the elders preach here is never give up.

Is the vet still alive?

Berta, Always glad to have your responses. Thanks halos2

I sent an email to Secretary McDonald last month and to Under Secretary Hickey VA this morning...Under Secretary Hickey responded a few times this morning...Next this afternoon another email was received from a National Veterans Service Officer which basically stated...A faxed statement in support of an appeal containing the necessary information can be accepted in lieu of a Form 9...can be accepted as your substantive appeal....YIPEE!! Appeal will be reinstated. I knew there were still some honest people who would help us all out there. Thanks to my fellows/gals hadit people and especially to Berta! Now comes more hard work but at least there is a good chance now!

I will tell my vet friend to send an email to her as he has not heard from Secretary McDonald at all. I know he said it was over a month of waiting too, and after reading others info of responses maybe he will have luck this with route, Thank you for posting this.

Sorry no one in office of VSO till 01/05/15 in above post for date. Sorry.

LOST...VSO VFW says fax received on 01/02/15 and no one in office till 01/01/05/15 so claim is closed. Was to be in by 01/03/15 for 60 day span...Never received Form 9 as stated on 7 pages faxed...as well as stated wanted continuance as sent info regarding decision...VSO says they were closed on 2nd Jan 2015 so not timely and now they say VARO was open on the 2nd and vet should have faxed info to them. Vet did not have fax @# to VARO and has always used VSO VFW for all claim issues. Vet has emails stating in the past VSO has filed Form 9 a few years ago, as he states he has vets POA and he does that...so why didn't he do it this time? VSO types back works 6-7 days a week and had under 2900 vets he is working with...AND??? how does that work with me now...I am sure he has had many vets all this time too,,,anyhow Ebenefits site has claim is closed. What is vet to o? Does not have VARO ST LOUIS MO number...and who does he address this to? Fire VSO who is down the hall from the VA as he stated in an old email he personally walked down the hall 3 times to hand deliver a claim to the DRO in the past for this vet. They do not want to go back to official date of claim and gave vet 70% last year plus has sc10%. They will not go back to original date of claim as VSO wrote DATE OF LAST C&P WHICH SHOWS VET IS WORSEN AND THAT IS THE DATE TO USE...date of last C&P exam REALLY...it was like over 3 years for the exam as vet complied with appeals all along. Something is not right here at all!! Why did VSO write to vet he filed Form 9 a few years ago on a claim and yet did not do so this time? Vet used a lawyer on his SSDI claim and won and got retro and they used VA FILE info and exams for basis yet here we go VA and VSO are screwing this vet...Lawyer wants to check over info and help him on this claim too...So what should he do? Fire VSO and go with lawyer as he is fed up with VSO or what? He is almost 68 and has severe PTSD and am not sure he could proceed being civil...No reply's for Bob McDonald either sent over a month ago. Tick tock tick tock....

Great news to read about your success with this issue. BTW how long did it take for you to get an answer from Bob?

Sweet! Kuddos to your work with Hadit's helpful vets!

Berta, Vet is so discouraged again, he thinks he should get an attorney to follow through now...Your opinion on this? The VSO secretary said a request does not count if you don't file the Form 9. (He had help from another vet who "settled with the VA!" That vet was told "take the offer for PT 100% or if you file NOD to EED they would tie your claim up for life, and you would never get 100%) Unfortunately we all know that vet settled.. .Do you think his best bet would be to go the attorney route? What do attorneys charge? We have no clues... He will be 69 in a few months. BSV vet. Drives around 270 miles round trip 2-3 times a month for PTSD group and also different times for Psych appts too... Had cancerous lesions removed from skin R/T agent orange? They said suspicious of anyway. Too many miles on vehicles...(Tires/oil changes galore) He is getting weary...Continue to go it alone or Vet assist Attorney? He can't help it if VARO takes 3-4 or 5 years later to do another C&P where GAF 35 and yet they chose date of exam and not of claim date........to retro........(VFW VSO retired after being there since 1976. Vet has email from VSO stating he worked 10-12 hrs everyday 6-7 days a week too. He has called vet on a Sat or Sun in the past) Anyway his secretary acts a the liason now as newby VSO's there don't have a clue...) FRUSTRATED TO THE MAX! HE IS! Thank you sooo much BERTA!

Clarified VET DID NOT RECEIVE FORM 9 so did NOT send this form but stated intent to appeal this decision to which VSO said faxed request would NOT count as received in time because VA and VFW were both closed. He just wrote on a piece of paper this information for his intent! ...Re: Claim Appeal Yes I am appealing this latest claim decision 3-November 2014...I am filing for a an EED prior to March 6,2013 Next sentence was My last 2 C&P exams validate my worsening condition, plus my inpatient 2 month treatment program March-Aril 2011.. Also my termination from employment, denial of unemployment, having worked over 45 years and awardance of SSDI. SSOC February 17, 2010 continues also. VA PTSD exam report March 22, 2010 appealed and second claim on this also appealed 07-05-2011. accordingly with VSO secretary she said "Sent(faxed) too late cause we were closed so he looses all appeals because we didn't receive it on time!" She says they were not there to receive fax so VA Claim CLOSED! Yes vet has copy of information faxed were through with date, time, etc!

Veteran filed claim 4-5 years ago for 100% IU...fought over claim for these years...used VSO VFW...finally awarded 100% but used effective date of last exam for evaluation...Vet put in another NOD and waited, sent a letter to respond within 60 days with Form 9...never received a Form 9 and in the past his VSO filed the form for him(has emails of past stating so) so vet faxed his notation of Re: Claim Appeal. Yes, I am appealing the latest claim decision 3-November 2014... .also including his filing for EED of ED prior to March 6, 2013; Last 2 C&P Exams validate my worsening condition plus 2 months treatment program in house/hospital March/April 2011; Also termination from Employment denied...; SSDI February 17, 2010 case that has been continued; VA exam March 22, 2010 not used for 2nd PTSD claim also from 07/05/2011....they seemed to have not responded to all of these either...Date 01/02/2015 of faxed Date to be turned in was 01/03/2015...Now VSO secretary called vet and said fax too late all claims done/finished! No recourse. According to page 4 on Form 9 info #5.What if I need more time to complete this form and file it, or write your VA office explaining why you need more time...You must file before the time for filing runs out...VA will use postmark date to decide whether you filed the form, or the request for more time to file it , on time. Does the fax count because it was a day before the time period ended? He was not aware his VFW VSO retires prior to this date he retired. HE ALWAYS FILED EVERYTHING AS HIS PRIOR EMAIL STATED HE WAS THE VET'S POA. Does the VARO use a dated faxed paper as well as a post office dated item? The secretary was very abrupt very abrupt! Vet suffers from PTSD amongst other diagnoses too. Is or are his claims dead now as she said or does vet have a prayer due to fax? BTW vet also has notice from VSO VFW from the past stating he walked down the hall 3 times to hand deliver NOD to DRO , so to get to the VA offices one has to walk past the hallway where the VFW offices are at this Regional Office too. Sorry for so much info written here but I wanted all to see the particular's occurring with this claim and deadline. Thank you for anyone that may be able to assist now that the head VFW retired after working there since 1976...plus he wrote he worked there 10-12 hours a day for 6 to 7 days a week too.

I am so lost. I even used 2 different computers thinking a virus must have invaded my computers therefore not allowing me to find the normal site. I am lost...I went back to find my email user name and loggin from my olderr sites I saved...I am lost...Even this post has a line drawn through the middle of my message...saddened...

Thanks Carlie. What a true veteran and a real helper to so many.He will be missed.

I hope he put in a NOD and appeal within the 30 day period to not loose his previous awarded amount granted. Other wise we all know he will be reduced and stay that way for years till his appeal NOD is place post 30 days, for years...What good is retro a few years from now when you have to eat, live, exist now!!

Reading your post is similar to some I have read before...You are 70% disabled but are being paid at the 100% rate because you are unemployable. There is a section of www.ebenefits.va.gov where you can generate a letter which basically prints what you are stating here. If one logs into this site and(you have to register first). Once you are logged in scroll over to the 3rd option(topic) Access my documents. Then click to topic download VA letters. Got to step 2 and Select a letter from the following list. Benefit Summary-Veteran Benefits. Military Service Information...Includes boxes to check or uncheck (These are checked with and also a description is given to the right) You have one or more service connected disabilities. Your combined service connected eval is 70%(yours per your info). Your current monthly award amount is $2823. The effective date of the last change to your current award was February 2008. You are being paid at the 100% rate because you are unemployable due to your service connected disabilities. You are not considered to be permanent disabled due to your service connected disabilities because your case is scheduled for review February 2013. You are not considered to be permanently disabled due to your service connected disability at this time because you are scheduled for a future reduction... You are not service connected for a loss of or loss of use of a limb, or are totally blind, or missing both or one eye. You can print out this letter it will include all of this information and information about you, your military branch, date entered and discharged,type of discharge and will have a signature of Robert T. Reynolds Director Benefits Assistance Services. All with stamped signature. But it basically lets you know in a nut shell your% and for what and dates too. Maybe you should pursue P&T as you could receive a reduction as stated per 5 years...But we all know never to trust the VA with what they say or write as they can and do make changes often. Good luck. Sorry post was so long but wanted you to see dates you can copy at your desire.

Been helping a VV vet since 07 with claim...first 30% then over a few years getting worse, another C&P and raised to 50%. Progressively gotten worse. Terminated from job and put in new claim and he did a claim for SSA in Nov 2010. Went into hospital PTSD Treatment program almost 2 months, inpatient stay all days and nights. Continued to receive SSA and 50% VA. No info received from VA...VSO says no movement...requested new C&P exam...waited...finally got in touch with Congressman. Within 3 months new exam C&P for PTSD scheduled. Went to exam and approximately over 1 month granted 70%( had also put in TDIU over 2 years ago)...then 3 days later granted IU with date of exam !! Put in for earlier effective date. Waiting and putting a NOD in a month or so as he had put in for SSDI during this time too. SSDI awarded 4 days after veterans SSA hearing, and effective date used was date vet was terminated. They used all vets records and files to make their decision.(Date put in for SSDI was about 6 months or so post termination date). So the SSA determined termination date as date to use for granting. They could not understand how VA did not grant VA claim earlier...Retro received a few days after granting...all total was 7 days from hearing to receiving grant letter to receiving deposit in the bank. Anyone else this lucky with the SSA? It also didn't hurt that the veteran had an excellent work record prior...even though vet quit jobs within 2 different places over 7 years he kept his sales and income up for the businesses, until his PTSD got so bad he could no longer hide his symptoms!

Check that bank account every day and glad you will be receiving your granted %. Seems you are very busy with a lot of hobbies, remember the VA looks for Good Days in your life. Be careful what you say and write to them. They can take 1 good day out of 365 and they can try to reduce your award...or try and jack with your claim.

Anytime you put in for an increase you can be subjected to someone thinking your condition has changed for the better, they can propose to sever or reduce your rating. If you receive a letter stating so, make sure you reply before the 30 day time limit. Even if you get a letter with a date on it of 2 weeks earlier, remember 30 days from the date of the letter. You need to follow through with your notice of disagreement asap. That will hold them off from this action at this time. Then get all of your info as to why they propose to do this action. Get verification your condition has NOT improved and send all info certified/registered to them. Sometime an idiot assumes they read something different in your c-file or changes the meaning of the documentation to fit "what they perceive. Wrong! Fight it with valid evidence. If you wait your compensation gets severed and it could take years to retrieve it. I know 1st hand. It happened to me some years back. The ending was the VARO cued themselves for the error and granted me a higher %. I know of a few others who have had this happen to them and as long as they acted on it fast, they were able to receive their benefits without a stoppage or decrease. BTW they were determined to warrant a higher % too in the end. Hopefully but not realistically it happens less of the time but I highly doubt it!

Missouri does same too! Free 1 set to 100% and TDIU. But you have to get a new tag every year? Just need to drive there for it. Strange but that's the way they do it!