My Claim For Sleep Apnea

[betrayed]

And I did file a form 9 within a year of their notification letter, they are full of crap. Copy to DAV and County VSO. Look for yourself and u tell me.

[Ricky]

Your claim is closed. I have seen this a couple of times in the past. If the veteran submitts a Form 9 instead of a NOD the VA will allow the NOD period to expire and then re-open the claim as a claim to re-open the claim. Hope that makes sense. The Form 9 is used to make the appeal Formal and is only submitted after the receipt of a SOC. Now what they should have done is treated it as an unclear communication of intent to disagree with a decision and ask you to clarify your intentions.

You may be able to keep the claim open and perserve your effective date by arguing that your Form 9 was your intent to disagree with the decision and they should have acted on it by complying with the OGC rulings/interps of the rule.

You will probably win an argument of this type if the Form 9 was submitted within the required NOD 12 month period. If it was not then consider youself luck that they accepted as a request to re-open. Some of the raters would have simply ignored it, let the NOD period expire and issued a SOC at some point. All the while you would have thought the claim was processing.

Talk it over with your service officer and see where he wants to go with the claim. Hang in there my friend cause I know they have sent you through the wringer a few times on your other claimed issues. Good luck.

[betrayed]

then re-open the claim as a claim to re-open the claim. Hope that makes sense.

NOPE IT MAKES NO SENSE TO ME CAN YOU EXPLAIN

Now what they should have done is treated it as an unclear communication of intent to disagree with a decision and ask you to clarify your intentions.

I TOTALLY AGREE AND THAT IS WHY I WAS TRYING TO ARGUE THE POINT IN THE OTHER THREAD THAT THE FORM 9 SHOULD HAVE BEEN TREATED AS A NOD, OR MEETS THE REQUIREMENT OF A NOD, THEY DID NOT SEND A LETTER TO CLARIFY MY INTENTIONS

You may be able to keep the claim open and preserve your effective date by arguing that your Form 9 was your intent to disagree with the decision and they should have acted on it by complying with the OGC rulings/interps of the rule. SAME ANSWER AS ABOVE AND IF THE CLAIM IS CLOSED THEN THAT IS THE PLAN

You will probably win an argument of this type if the Form 9 was submitted within the required NOD 12 month period. IT WAS............. THE IDIOTS PUT THE DATE IN THEIR LETTER DEC 6 2005, THATS THE DATE OF THE RATING DECISION AND NOT THE DATE OF THE LETTER or MAILING (which they consider the same) OF NOTIFICATION WHICH THEY HAVE TO GO BY WHICH WAS NOT SENT UNTIL FEB AND I SUBMITTED THE FORM 9 IN JAN

If it was not then consider youself luck that they accepted as a request to re-open.

OK NOW YOU ARE REALLY CONFUSING ME, YOUR FIRST SENTENCE SAID MY CLAIM IS CLOSED, AND ABOVE YOUR YOU SAY

1. "You may be able to keep the claim open",

2. "AND THEN THEY ACCEPTED AS A REQUEST TO REOPEN"

???????????????????????????????????????????????

Huhhhhhhhhhhhhhhhhhhhhh ????? :)

[Ron II]

Huhhhhhhhhhhhhhhhhhhhhh ????? :)

Ref: "Your claim is closed. I have seen this a couple of times in the past. If the veteran submitts a Form 9 instead of a NOD the VA will allow the NOD period to expire and then re-open the claim as a claim to re-open the claim." -Ricky-

I believe he is saying that although you did not submit the correct documentation, the VA did NOT advise you of that fact and consequently, the NOD period expired and your claim was closed. Then the VA used the same form (9) that you felt should be used as a NOD (it was not) to reopen the claim that was closed (see my first sentence). Your claim is closed per Ricky's statement, but he agrees with you

that the Form 9 should have the effect of a NOD and you should argue that point.

Sorry to butt in...

[Berta]

I agree with Ricky as to the NOD BUT- why would the VA send a I-9 if they didnt get a NOD? and then they would send a SOC with the I-9 ????

The VCAA letter you just shared here Jim- did they send you the VCAA election response form with that?

The two most important documents in my opinion in the whole 9 yards of the claims process is the VCAA letter and election form with it and the receipt by the RO of a formal NOD specific to the claim being Nodded.

"And I did file a form 9 within a year of their notification letter, they are full of crap."

I wonder if there is some way to tell them that the I-9 WAS an informal NOD as it surely disagreed with the decision it was filed on.

This decision by the BVA might offer some ideas here-

http://www.va.gov/vetapp00/files3/0028181.txt

but they are usually VERY strict on the one year NOD period.

[betrayed]

I agree with Ricky as to the NOD BUT- why would the VA send a I-9 if they didnt get a NOD? and then they would send a SOC with the I-9 ????

THEY DID NOT SEND A FORM 9, I PRINTED IT OFF THE WWW

The VCAA letter you just shared here Jim- did they send you the VCAA election response form with that?

YES

The two most important documents in my opinion in the whole 9 yards of the claims process is the VCAA letter and election form with it and the receipt by the RO of a formal NOD specific to the claim being Nodded.

"And I did file a form 9 within a year of their notification letter, they are full of crap."

I wonder if there is some way to tell them that the I-9 WAS an informal NOD as it surely disagreed with the decision it was filed on.

i WILL SCAN THE FORM 9 AND POST IT IN THIS THREAD

This decision by the BVA might offer some ideas here-

http://www.va.gov/vetapp00/files3/0028181.txt

but they are usually VERY strict on the one year NOD period.

[betrayed]

Ref: "Your claim is closed. I have seen this a couple of times in the past. If the veteran submitts a Form 9 instead of a NOD the VA will allow the NOD period to expire and then re-open the claim as a claim to re-open the claim." -Ricky-

Then the VA used the same form (9) that you felt should be used as a NOD (it was not) to reopen the claim that was closed (see my first sentence). Your claim is closed per Ricky's statement, but he agrees with you

that the Form 9 should have the effect of a NOD and you should argue that point.

Sorry to butt in...

OK I GET IT NOW, AND YOUR NOT BUTTING IN, THANKS