tanya239

Thanks for the response. I just realized the training letter came out after the BVA issued my decision so that could be the reason why it wasn't added to my appeal. My BVA letter is dated in April 2 months before the training letter came out on June 17th I guess. So I don't think it would be an option for a reconsideration at this point.

Thanks for the reply. Yes here is page 6 of the Fast Letter 13-13 & a copy of the BVA decision where they would not make a decision on my IU claim. The Fast letter is dated June 17, 2013 and my BVA appeal letter is dated April 05 2013 so I am thinking that this law should have been applied at that time?.....but I could be wrong they make it very complicated.

Hello, I had an earlier BVA decision where I was granted an increase in my rating. In the decision they did not rate my IU because they said I did not perfect the appeal or something like that. I was denied IU by the regional office while by claim was on appeal at the BVA and according to the fast letter if this happens the IU claim is supposed to become part of the pending appeal in DC. Therefore they should have taken in consideration my IU claim as well as my disability claim that they rated even though they didn't have the perfected appeal or the form 9 for IU. So I am thinking of asking for a Motion for Reconsideration for this issue and would like to know if there is a certain format for these types of letters or do I just include the laws that were not followed and the evidence? I tried searching for a letter but was not able to find one. If anyone knows any help would be appreciated. Thanks in advance:)

Thanks for responding! I do have a docket #......I was told that the docket # is assigned by the RO once you send back the form 9 to reserve your place in line. I got this info from the BVA customer service number because I called just to see if my appeal had been certified and they said it had not & was still at the regional office. I also went to the RO and they looked up the appeal in VACOLS and showed me it said closed. But she also said she was not too familiar with the appeals process of course she seemed just as confused as everyone else there. I do have a DAV rep but they have not been much help with my case so far but I just started using them.

Hello I filed for IU in 2014 and it was denied I received the SOC which stated they denied me due to form 21-8940 and the examiner stated my condition had gotten worse but on the DBQ for occupational and social impairment section checked off the symptoms of someone that would only be rated at 30%. I am rated at 70% for MDD. I wrote to the RO that the DBQ was inadequate and should not be used to rate my claim. I submitted the form 8940 & a doctor's note from my treating doctor stating my condition was at least likely due to my unemployability & other supporting evidence from employers. My question is I submitted the Form 9 before I gathered all of this evidence and it is still at the RO and they are reviewing the evidence. When I called the 800# for the status they said the status of the Form 9 was in Prep for decision phase/Ready to rate. Is this information correct? Does that mean that they are making a decision on the appeal? Or the IU claim? I'm kind of confused at this point.

Hello, I am rated 70% for Major Depression Disorder. I filed for IU and was denied. I filed an appeal and chose a BVA hearing. I was recently sent a letter for a C&P exam. LOL....sorry a little ADD also lost my thought and forgot to return to finish the question. I did go to the exam they used it to deny me even though the examiner said my symptoms had worsened. I am currently in appeal. Thanks for the input:)

Hello im new to this post and have a question about my claim. I am currently 50% for mental disability and have put in a new claim for ptsd, anxiety, and unemployability. It has been a year since i filed and I called the va and they said a decision was made a week ago and was waiting for review. My question is can they rate a ptsd claim without sending you to another C&P examination? If I dont have a c&p exam how can they know what or how to rate my claim. If anyone has any advice or answers I would appreciate it. thanks