Got The Form 9 Question On Next Step & Retro Pay

[jecsb4]

All,

The VARO reviewed my NOD and sent me a SOC with a Form 9 for me to fill out. Before the NOD, I was 30% total for 3 issues of 10% each. They increased my foot condition from 0% to 30%. They did not even address some isues in my NOD. So I am assuming that puts me at 50% total.

So what do I do now? Filed a NOD or a Form 9? Is the Form 9 like a NOD? I know that I have to do this within 60 days. Also, If I have a another condition related to my feet but not on my orginal claim, what do I do, file a new claim or add it in? Basiclly VA doctor found another conditon on my feet. Do I request a board hearing in DC or a local one?

I am going to get some retro pay. How long does that take? Finally, how long does it take the VA to update my % in the system? I called the VA twice and one rep told me 15 days and another told me 120 days!

Sorry about all of the questions...

Thanks All For Your Help and Opinions.

[Ricky]

The form 9 continues your appeal on a formal basis. Once filed, at some point and time, it will receive a docket number for the board of appeals. If you have new evidence to support your claim you can send it to the RO up until the time they notify you that your appeal is being forwarded to the board of veterans appeals. At that point you will send it to the board and you must make sure you send a waiver in with the evidence indicating that you do not want the RO to review the evidence. Fill out the form 9 and be very specific about what you disagree with and the portion of the regulation or law you feel the VA has disregarded resulting in the denial of your claim and what you want them to do about it. Bottom line is you must attack the specific issues they used to deny your claim and listed in the SOC. Berta is the resident expert on Form 9's. It would appear that you would benefit from having a SO assist you with your claim until you understand the process a little bit more.

On the form 9 the only options for a hearing is no hearing, a hearing in Washington DC or a travel board hearing at the RO. JUST MAKE SURE YOU CHECK ONE OF THEM IF YOU WANT A HEARING. My recommendation would be a travel board hearing and then the first item in you form nine should be that you desire a hearing via video teleconference. This is the quickest way to a hearing.

On the back pay issue it is almost impossible to intelligently comment on this issue. If owed back pay they will get to it when they get to it. They are normally pretty quick with back pay. I have seen posts on Hadit where the veteran received their back pay before they received their award letter. However, some have waited weeks after receipt of the award letter. So as you can see there is no way to determine a time line.

On your new condition you must file a new informal claim for any issues not covered by your appeal.

Edited June 5, 2007 by Ricky (see edit history)

[jecsb4]

On your new condition you must file a new informal claim for any issues not covered by your appeal.

Ricky,

Thanks fo rthe info. Consering the new informal claim, can I do that with a VA 21-4138 Statement in Support of Claim or do I have to fill out a new VA 21-526 Vets Application for C & P?

Thanks.

Joe

[Ricky]

A simple typed letter explaining that you have a new disability (tell them what it is) and are filing a claim for disability benefits will do. However, you also need to explain why you feel the disability is service connected, its effects on you and provide all evidence you have in support of your claim. That may speed things up just a tad.