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.

[Chuck75]

I'd agree that you need to seek another POD, since the previous one is not satiafactory.

Form 9 or not, You might ask in writing or IRIS why the SOC did not mention the other issues.

Seems to me that you might be able to get any existing time limit extended if you have records showing that on going communications are occurring/occurred in relation to the SOC, and that the SOC needs revising. You can NOD the non mentioned issues, based upon some old court rulings that basically say that a nonmentioned issue is denied. It might be a good idea to do this to preserve any later right to go further.

If a C&P reised new issues, I'd think you should file additional or amended claim(s) just to protect your rights. (New evidence and all that)

Berta would know better than I about this sort of thing, and what you might need to say.

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.

[jbasser]

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.

1: If you have a decision on any part of a claim, even though it is not complete, fill out the form 9 snd submit it. You will receive another SOC stating you can also have a DRO review.

2: Very important: The unmentioned issues you have may be waiting at the RO for another decision. Now this is where it gets complicated. The VA can let the 1 year time frame expire on a claim and t he claim is deemed to have an automatic denial. So if the other claims are close to the 1 year point, Send an IRIS questionaire. If your answer is not satisfactory to you, I would send in a Statement of case and mention that if you do not receive a formal decision on the issues and list them each, This is your official notice of disagreement.

That is what I would do.

John.

Vike 17 can really add insight to this issue. I would advise doing what he says.

[Ricky]

Just keep in mind - whatever you do the time line continues to tick. DO NOT MISS IT. File the form 9 list everything you feel was missed and or not rated properly. If the missing issues are being rated then you can ammend your form 9 later and remove them. No matter how much communication or how many reconsiderations you file the time line still ticks - that is the law. The only way around this is if you have a signed paper from the RO giving you an extention on the time line.

[jecsb4]

1: If you have a decision on any part of a claim, even though it is not complete, fill out the form 9 snd submit it. You will receive another SOC stating you can also have a DRO review.

2: Very important: The unmentioned issues you have may be waiting at the RO for another decision. Now this is where it gets complicated. The VA can let the 1 year time frame expire on a claim and t he claim is deemed to have an automatic denial. So if the other claims are close to the 1 year point, Send an IRIS questionaire. If your answer is not satisfactory to you, I would send in a Statement of case and mention that if you do not receive a formal decision on the issues and list them each, This is your official notice of disagreement.

That is what I would do.

John.

Jbasser,

Thank you and other Hadit Elders and All Hadit Members,

I really feel like I am at a loss on what to do. I mean I have studied the procedures on what you do for a NOD and a Form (, etc.

But in my case the VA isn't playing fair - I have read all of the VA manuals for this and they don't say what to do if you get a SOC that only addresses some of your issues, they also don't cover what to do it you have secondary issues. If I am wrong on this, so be it.

I guess the only thing that will protect me is to file a form 9 and forget about the new and material evidence for my conditions and also forget about asking the VARO for any reconsideration due to new and material evidence along with my violation of the 60 day rule.

Bottom Line from what I can see is to JUST DO a form 9 that covers all of the above & CYA me!!

jecsb4

Vike 17 can really add insight to this issue. I would advise doing what he says.