Form 9 Or Reconsideration Or Both

[jecsb4]

Well I really don't know what to do. I have a SOC from my NOD. The SOC was a partial grant but also didn't even mention several of my other issues. They gave me the SOC prior to the 60 day I requested for time to submit new evidence.

Rumor is my file is at final authorization stage. Also told this could take 45 days. My 60 days to file Form 9 runs out in a few weeks.

So, do I do a Form 9 and list everything they didn't cover.

Do I request a reconsideration on the basis of my new evidence form VA exam?

Also what should I do about these 2ndary conditions that the VA Dr found? File a new claim?

I am in the process of getting rid of my POA since he was not help and thinking of switching to DAV or really to no one at all.

Thanks.

[les]

Well I really don't know what to do. I have a SOC from my NOD. The SOC was a partial grant but also didn't even mention several of my other issues. They gave me the SOC prior to the 60 day I requested for time to submit new evidence.

Rumor is my file is at final authorization stage. Also told this could take 45 days. My 60 days to file Form 9 runs out in a few weeks.

So, do I do a Form 9 and list everything they didn't cover.

Do I request a reconsideration on the basis of my new evidence form VA exam?

Also what should I do about these 2ndary conditions that the VA Dr found? File a new claim?

I am in the process of getting rid of my POA since he was not help and thinking of switching to DAV or really to no one at all.

Thanks.

[les]

Well I really don't know what to do. I have a SOC from my NOD. The SOC was a partial grant but also didn't even mention several of my other issues. They gave me the SOC prior to the 60 day I requested for time to submit new evidence.

Rumor is my file is at final authorization stage. Also told this could take 45 days. My 60 days to file Form 9 runs out in a few weeks.

So, do I do a Form 9 and list everything they didn't cover.

Do I request a reconsideration on the basis of my new evidence form VA exam?

Also what should I do about these 2ndary conditions that the VA Dr found? File a new claim?

I am in the process of getting rid of my POA since he was not help and thinking of switching to DAV or really to no one at all.

Thanks.

Hi veteran, I am going thru the identical situation but the only thing is they sent my dro appeal soc to my old address of two years ago. I had 6 items on appeal. I called the 1-800 in Philadelphia and gave them my new address (again) and they told me 3 items were still pending. I was told the 3 items are yet to be addressed and are pending decision. I am still waiting for my soc to arrive. my soc was sent 6/14/07 so my 60 day clock is still running. Have a great day! Les

[Berta]

Odd situation-

Did the SOC address exactly what the corresponding NOD stated?

Could they possibly be considering you for TDIU?

Did the SOC state they deferred any issues or give any statement at all regarding TDIU?

This is when-in my opinion- a vet rep has to do their job- they all have contact with the ROs and many have reps from their orgs at offices right in the RO building-

I helped a vet here get something squared away-I had to deal with the rep who buggered my claim-(documented)

the new rep I got in his place retired a few weeks ago-

Suddenly this rep who had no access to the RO at all (yeah right) when he repped me-

immediately got on my request for the veteran and confirmed what was on the RO computer and in their POA PCs as to his pending hearing.

Who is on your POA and why cant they tell you anything on this?

You could ask the Director and the VSM to CUE the SOC as it came before the time limit- but then again-

that might not be a good idea at all because other issues are pending.

A letter to the VSM (I did this some time ago) clarifying the issues and with your new evindence might help-

unfortunately I had to correct and send back what I got from the VSM- she had some issues right and some wrong-

is there anyone you can switch to in the POA office at this point- your file is there and the new one would have access to it and help you-

sometimes it just messes up the works to change POAs at the point you are at.

And-chartered Orgs or state divisions represent us -not any specific rep-at least this is what I believe because I got my rep switched in a heart beat (same POA) after I complained about him to his boss.

In other words it is the organization you give your POA too-

so I say ask for a different rep from that org if the one you have is not helping you.

Edited June 30, 2007 by Berta

[jecsb4]

Hi veteran, I am going thru the identical situation but the only thing is they sent my dro appeal soc to my old address of two years ago. I had 6 items on appeal. I called the 1-800 in Philadelphia and gave them my new address (again) and they told me 3 items were still pending. I was told the 3 items are yet to be addressed and are pending decision. I am still waiting for my soc to arrive. my soc was sent 6/14/07 so my 60 day clock is still running. Have a great day! Les

Hi Les,

Hang in there. It has been tough for me because my case isn't folling normal procedure, and I can't get information from the VA or my POA.

Jecsb4

[jecsb4]

Hi Berta,

Did the SOC address exactly what the corresponding NOD stated?

No. It covered only 5 of my issues. They approved / increased one of my issues and the others stayed the same. My other issues wern't even mentioned.

Could they possibly be considering you for TDIU?

I don't know. They said on the IRIS and 1-800 # that unoffically I am 80%.

Did the SOC state they deferred any issues or give any statement at all regarding TDIU?

No! Boy, this is frustrating!

This is when-in my opinion- a vet rep has to do their job- they all have contact with the ROs and many have reps from their orgs at offices right in the RO building-

Berta, This is were it gets really frustrating...I live in a city where there is a VARO yet when I went to my POA / SO he looke don the PC and under the disposition screen it says nothing. He said that is the first time he has not see a disposition on any issues!!!! He walked to the VARO office and then found out my file was between appeals and final authorization! He told me that he didn't talk to the RO rep because he / she was busy. He said he has to be carefull because they pay their Rent!!! They are in the same building!!!

Bottom line TX Vet Commission has been worthless. The only reason I went from NOTHING to 0% to 30% so far is because of me and Hadit.

They only thing my POA was good for was to see my status on the PC and tell me. I can get that from the VARO. I will probally change me POA to another one or to noen at all!!

The one time I need them they are not there. They never return phone calls so you are forced to make an office visit. So evern when I do this I get zip. So living in a city where there is a VARO and a POA has not benifited me other than the fact that I turn in stuff ot the VARO in person.

Who is on your POA and why cant they tell you anything on this?

The esteemed organization I have as my POA is the TX VEt Commission. STRANGE>>>I called the 1-800 # and the VA Rep could not see the disposition of my issues either!!! She said wait for my award letter which will take 45 day! Which will be after my 60 day time limit. Even told her that the VA vilolated my 60 day rights.

You could ask the Director and the VSM to CUE the SOC as it came before the time limit- but then again-

that might not be a good idea at all because other issues are pending.

I may just have to wait right down to the wire on the deadline to file Form 9 and a reconsideration and secondary claims.

A letter to the VSM (I did this some time ago) clarifying the issues and with your new evindence might help-

unfortunately I had to correct and send back what I got from the VSM- she had some issues right and some wrong-

Sounnds like a good option.

is there anyone you can switch to in the POA office at this point- your file is there and the new one would have access to it and help you-

sometimes it just messes up the works to change POAs at the point you are at.

Well since TVC had done nothing for me, I dont think it will matter. American Vets (AMVET) will not take my case mid streame. I think that the DAV will.

And-chartered Orgs or state divisions represent us -not any specific rep-at least this is what I believe because I got my rep switched in a heart beat (same POA) after I complained about him to his boss.

Good for You.

In other words it is the organization you give your POA too-

so I say ask for a different rep from that org if the one you have is not helping you.

Berta I have switch..its more like you can ask to see the same guy or swithc around. I have tried both ways...they don't return phone message and they don't want to PI s s off the VARO by asking questions since they pay their rent!!!!

Thanks for listining!!

jecsb4

[jecsb4]

Hi veteran, I am going thru the identical situation but the only thing is they sent my dro appeal soc to my old address of two years ago. I had 6 items on appeal. I called the 1-800 in Philadelphia and gave them my new address (again) and they told me 3 items were still pending. I was told the 3 items are yet to be addressed and are pending decision. I am still waiting for my soc to arrive. my soc was sent 6/14/07 so my 60 day clock is still running. Have a great day! Les

Hi Les & Fellow Veteran,

Thanks for your input. Trying to deal with this maze and my issues are a challenge. It really irates me that my POA / SO can't do their job. Ye4s I know that all SO are dealing with a influx of claims due to the Wars, but if they can't help they should say so instead of pretending!

The only reason I went from Nothing to Zero (0) to 30 to 50 is because of Hadit and my own self determination!

jecsb4

jecsb4