In Dro Process, Do I Need To File Form 9 Even Though No Soc Within The Year

[71M10]

Decision authored May 31, 2007

NOD filed August 2007

File in with DRO, have additional C&P physical next week.

Do I have to file a form 9 prior to May 31, 2008 or do I wait for a SOC which I then would have 30 days to respond to?

I am thinking I need to file a form 9 even though VA has not sent me one.

I Just want to make sure I don't drop the ball.

Best regards,

Tyler

Edited April 15, 2008 by 71M10

[john999]

If you asked for a DRO Review you can then file with the BVA if your DRO appeal is denied. If you had not asked for the DRO you would have one year from the date of your decision to file an appeal to the BVA. The NOD is the first step in the appeals process.

[luvHIM]

Actually, you have one year from the date of your decision (which is May 31, 2007) irregardless of whether or not you requested a DRO hearing or not; whether or not you have received an SOC or not. I'm telling you...you don't want that to become the technicality that cost you an appeal before the BVA (if things don't go your way with the DRO).

You can check out the BVA Appeals Process on the va.gov website. It takes you from the start of your claim all the way through to filing a request for a CVA hearing.

[mobie16r]

71M10,you said, you file a NOD August 2007.I wouldn't worry about the form 9 now,because a decision have not been made on your NOD.I would wait until decision is made on NOD,if your claim is denied of va give you a partial rating.Just like Betty said va will send you a SOC with a form 9 attached.If you don"t like the denier, of the partial rating,you will have 60 days to submitt form 9.Remember you can submitt new evidence with your form 9 and va could give you the rating that you want of send it to the BVA.Good Luck

mobie16r

[Ricky]

The "only time" you file a form 9 is after the receipt of a SOC. In order to get a SOC after a denial of your claim is issued by a rater it to file a NOD. The NOD is the first step in the formal appeals process. The SOC will be issued immediately after receipt of the NOD if you requested the traditional appeals process or it will be issued after a DRO review if you requested the DRO process.

Dates to remember:

You have "one year" (1) to file your NOD after receipt of a decision rendered by a rater.

Once a NOD has been acted upon by the VA and a Statement of the Case is issued by the VA you have "sixty days" (60) to file your formal appeal (form 9)

If your claim has not been decided by a DRO, if you requested the DRO process, you do not need to do anything. Most DRO reviews are taking 18 to 24 months at this time (average).

[luvHIM]

I respect Ricky and Mobie16r. But I, once again, have to beg to differ. The information I provided came straight from the va.gov website. Since it is a pdf file I was not able to copy and paste. But here is the link that you can go to yourself http://www.va.gov/vbs/bva/010202A.pdf

It will provide you with the step by step process and it clearly states whether you have received an SOC or not you have one year from the date of your decision to file your form 9.

I filed my Form 9 before VA responded to my NOD because I was almost at the one year mark. The month "after" I filed my Form 9 I received the SOC. It's your claim...

[71M10]

I respect Ricky and Mobie16r. But I, once again, have to beg to differ. The information I provided came straight from the va.gov website. Since it is a pdf file I was not able to copy and paste. But here is the link that you can go to yourself http://www.va.gov/vbs/bva/010202A.pdf

It will provide you with the step by step process and it clearly states whether you have received an SOC or not you have one year from the date of your decision to file your form 9.

I filed my Form 9 before VA responded to my NOD because I was almost at the one year mark. The month "after" I filed my Form 9 I received the SOC. It's your claim...

LuvHIM thank you for the link. It reiterates one year from decision or 60 days from SOC (whichever is later), So it looks like I am golden waiting for the SOC.

I just need to chill out and not stress so much over this....

Thank you Ricky, Mobie and others for the input as well.

Best regards,

Tyler