Technical Question

[betrayed]

Could a form 9 be a NOD? When the DVA informed me of my win, he faxed me the dro decision, sleep apnea wasnt listed. When I was on the phone with my VSO I questioned it and he said something about not submitting a NOD.

If you checked you do not want a BVA hearing then what is a form 9 used for?

In Block 9 you list the issues you want to appeal.

In Block 10 it states HERE IS WHY I THINK THE VA DECIDED MY CASE INCORRECTLY: Then you fill in your argument.

OK Heres the story, while in service my X wife used to tell me that she thought I had Sleep Apnea because I would stop breathing at night.

A year before I retire I see a ENT Specialist and he looked in my mouth and said I bet you snore real loud. I said yes my wife thinks I have sleep apnea. Someone wrote in my SMR possible sleep Apnea.

I retire and file for compensation but dont list sleep apnea.

I go to my C&P and the doc and I discuss sleep apnea, she writes it in the C&P Report.

I get 50% and am entitled to care at the VA hospital. June 04 I go to my very first appointment with the PA who is still my VA PCP. We discuss a laundry list of issues including sleep apnea. He puts in a consult for a sleep study. July 8th,04 I get a letter from the VAMC telling me I have a years wait for a sleep study, On July 25th, 04 I file for Sleep Apnea, Depression, and two others which I cant remember. Sep 05 I get a duty to assist letter including sleep apnea but no VCAA Form .Dec 2005 they denied sleep apnea and on Feb 3rd 2006 they mail the letter. Reason for denial no evidence of treatment or diagnosis. I cant argue with that, I dont file NOD.

I know somewhere somehtime I wrote them a letter and requested that the sleep apnea issue be deffered until I could get a sleep study. I cant find this anywhere, in my 3 ring binder my PC files maybe i just drafted it I dont know, my only hope is that THE DVA may have a copy of it.

Nov 2006 Sleep Study confirms sleep apnea, cpap sleep study also confirms sleep apnea.

DEC 2006 I send a fax to the DAV and request they forward it to the VA informing them of the diagnosis. I also fax a copy to the County VSO for their files.

Jan 07 I file a form 9 with 3 issues listed one of them sleep apnea, I check the box I do not want a BVA Hearing and tell them why I think they decided my case wrong on sleep apnea.

August 07 I have formal DRO Hearing (the one I just won won won) In the transcript Sleep Apnea is listed as a issue for the hearing.

Today I get my official big brown envolope for the VA. The info that I won won won came early from the DAV.

So in my official letter dated Jan 10. 2008

I also get a Letter to Assist with a VCAA election form.

In the first paragraph it states (last sentance) We are also working on your reopened

claim for service connection for sleep apnea and hemorrhoids.

Then in big black letters "What do we still need from you"

Then it states You were previouslly denied service connection for sleep apnea and hemorrhoids. You were notified of the decision on Dec 6 2005. (that is the date on the attached rating decision, but the award letter was dated Feb 3rd 06. The appeal period for that decision has expired and the decision is now final.

Now if you go up about 7 or 8 paragraphs you will see I submitted a form 9 1/22/07 which is under a year from the notification letter. Also the fact that this was discussed at the DRO Hearing as a issue ????????

The letter then tells me how to reopen a case with new evidence.

What do you all think????

[betrayed]

Good Jim- in this way- since this was filed AFTER June 21, 2007 as I recall

No I filled it in Jan 07, whats the diff?

[Berta]

h- all I meant was that Any NOD filed after June 21, 2007 means that the claimant can obtain a lawyer for the claim under the new Attorney for veterans regulations-

prior to this new law, the VA was still holding to the regs during the Civil War- (a vets attorney during the Civil War could rep a vet in any matter against the gov but not charge more than 10 bucks)

[betrayed]

Ok I see and remember, duh!

It should be a slam dunk, just more stupid ignorance of who ever read or pretended to read my file. Had they read it then I would have been granted the sleep apnea. What a bunch of idiots! Then they tried using the wrong date on me and telling me that my appeal window had closed. Its not my fault it took almost three months after the decision b4 they notified me, and they tried to use the decision date and not the notification date to close the appeal window.

CAN U SAY MORONS!

h- all I meant was that Any NOD filed after June 21, 2007 means that the claimant can obtain a lawyer for the claim under the new Attorney for veterans regulations-

prior to this new law, the VA was still holding to the regs during the Civil War- (a vets attorney during the Civil War could rep a vet in any matter against the gov but not charge more than 10 bucks)