Who's Familiar With Form 646 Cert Of Appeal Bva ?

[halos2]

Not familiar with Form 646 Certification of Appeals to BVA. Do VSO's complete these with all appeals, and do they advise vets of information or not? Will check to see if VSO submitted this with my VA 9 and if so, will get copies to see if all info has been stated. Any others familiar with the info to be sent/validated on this form please advise.

[Fat]

The topic is a little long but the information is must read when sending appeal to BVA.

Topic covers Form-9, Certification of Appeal by VARO, and Form 646.

[Berta]

Just to add, in my opinion the 646 is one of the biggest time wasters we have to deal with.

Unless a vet rep is willing to support the claim further than just a ball park statement of agreeing with the veteran's contentions, as in this BVA decision:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp02/files02/0208508.txt

and there are some more 646s that also did support the claim well at the BVA, but other than that, it is just usually a form that will be handled with a rep not familiar with your claim and will do nothing to advance the claim (except make it take longer.)

If veterans with POAs could waive this form, it would be great.And if you dont have a POA then no 646 sits around waiting for anyone to prepare it.

On the other hand the 646 is a right we have and I have read a few over the last 20 years that strongly advanced the veteran's claim.

This stuff makes me sick: after a past the VARO still didnt give the rep the opportunity to file a 646.

"As noted in the remand section below, the Veteran and his representative were not provided the opportunity to submit a VA Form 646 after completion of the development directed in the August 2011 Board remand.  However, as the claim for service connection for sleep apnea and fatigue is granted herein, there is no prejudice to the Veteran for continuing with the adjudication of each of those issues." 

 

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files4/1226659.txt

The 646 can be a 2 edged sword.

 

 

 

 

 

[Teac]

Not familiar with Form 646 Certification of Appeals to BVA. Do VSO's complete these with all appeals, and do they advise vets of information or not? Will check to see if VSO submitted this with my VA 9 and if so, will get copies to see if all info has been stated. Any others familiar with the info to be sent/validated on this form please advise.

Can't say I ever heard of this form, but it is my opinion that no VSO should submit anything without first telling the veteran what he is doing, or what he thinks should be done.....

[vaf]

http://www.va.gov/vaforms/va/pdf/VA646.pdf

Statement of Accredited Representative in Appealed Case

This is a VA form that your VSO completes prior to your appeal being sent to the Board, but after having responded to the Statement of the Case or Supplemental Statement of the Case after the veteran has had the claim denied.

Your VSO can either rest on the response to the SOC/SSOC and let the appeal go to the Board as is, or the VSO can make additional statements and/or provide additional evidence to support your claim, after which all is sent to the Board.

[Berta]

If the VA decides to transfer your claim to the BVA- the POA of record completes a 646-

In my case it took 6 months from the beginning of the BVA transfer process (Jan 2006) to July 2006 for my POA to file out this short form-

all he said on it was that he agreed with my contentions- that was about it-then the claim went to the BVA-

the transfer of my claim was not in compliance with the regs and I got it remanded in weeks from the BVA-a remand that my state POA refused to support.

(my support came from NVLSP)

Last year when my POA got a response from me to the first complaint VCAA letter I had received since early 2003- he revoked my POA.

The regs are quite clear that-once a 646 has been completed and filed by a POA- they cannot revoke the claimant's POA unless they file a Motion of Good Cause with the BVA-certified -with a copy to the claimant-

something I never got-

This is what makes the 646 a critical document-

There is a little more to it-will find copy of my 646 and add to this later if there is anything else there to know-

Some reps-as the BVA web site reveals- take the opportunity on the 646 to enhance the veteran's argument and support their evidence again.

Some reps just give a generic statement and probably dont even look at the C file when they write the 646 up.The fact that they can take so long to even write it-means the claim sits idly for months at the RO waiting for the 646.

My POA at first said they did not have a copy of a 646 on me but somehow I got a copy of it.

The first charge in my complaint to the OGC on 4 reps was that the revocation of my POA was illegal because the 646 had been filed and I have never gotten a copy of the BVA Motion for Good Cause.

The OGC has already tentatively agreed with that charge.

The POA has had almost a year to comply with the Motion and never did.

They didnt have good cause.

[Berta]

Forgot to add-the VA must prepare a Certificate of Appeal Worksheet as well-

This is how they can violate our VCAA rights-

I will post copy of the worksheet later-

It can take the POA and the RO months to file out these forms- stringing us along- and these are additional opportunites for the claim to be considered and resolved- but as I mentioned- once they decide to transfer a cklaim to the BVA after recipt of the I-9 I didnt think they even read it anymore.

Years ago this was all different-

not only did the ROs read responses to SOCs andf SSOCs, they also carefully read the I-9 that the claimant had prepared and more claims used to be awarded at the RO level.

[halos2]

Berta,

So tne VSO makes out the I-9 and the 646 and then the VA must prepare a Certificate of Appeal worksheet...Is that what you are saying??

What do I do call my vso and tell him to fax or send me the copies??

I am at a loss here. I need to know when, how, how long, etc specifics involved with this process, please.

Thanks a bunch.

Forgot to add-the VA must prepare a Certificate of Appeal Worksheet as well-

This is how they can violate our VCAA rights-

I will post copy of the worksheet later-

It can take the POA and the RO months to file out these forms- stringing us along- and these are additional opportunites for the claim to be considered and resolved- but as I mentioned- once they decide to transfer a cklaim to the BVA after recipt of the I-9 I didnt think they even read it anymore.

Years ago this was all different-

not only did the ROs read responses to SOCs andf SSOCs, they also carefully read the I-9 that the claimant had prepared and more claims used to be awarded at the RO level.

[Berta]

As I understand it-the Certification of Appeal Worksheet is prepared by the VARO and then the POA prepares a 646.

I just got my 646 copy out of the file here-

I just noticed-it has name of the veteran on it -not my name-?

I guess the POA rep who prepared this didnt even know this was a widow's claim and Rod had been dead for over a decade already. ????

He stated:

"We believe, after a review of the claims folder, all of the facts and evidence that the claimant is able to provide in support of the issues advanced in this appeal are contained in the claim folder. This case is, therefore,submitted on the evidence of record for the Board's consideration. We ask that any and all reasonable doubt be resolved in favor of the claimants per 38 CFR. 3.102."

If the claims folder had been actually reviewed when this was prepared, the illegal VCAA letter was in it and could have been challenged against the Worksheet which says it was a compliant letter,and again the POA never mentioned my IMOs or any other medical evidence.

And he thought the deceased veteran was the claimant.

The form states that a statement of support or argument for the claimant is not required on the 646 and is "voluntary" by any vet rep or POA - however-it also states that the "failure to file this form may delay the appellate process".

So basically the rep can choose to argue the facts,or make a generic statement, or simply just check off the "I rest the Appeal on the answer to the Statement of the Case (or Hearing if conducted )and have no further argument" Box 1.

If they check Box # 2 they can make a statement.

[Berta]

Wait!- glad I re-read your post -

Make sure that if the rep fills out the I-9 that it is done right!

I have a topic here with advise from NVLSP on the I-9-

On my I-9 I hit them on page One with the fact that my medical evidence still remained ignored-

I attached 4 pages of additional points, knocking down their VA opinion and highlighting my IMos and my other medical evidence.

I attacked every single statement in the SSOC and by then had a DRO conference result to attack with evidence.

I also attached and stated that the VA had already admitted to malpractice for 4 catastrophic medical erros causing Rod's death so it was more than likely (as my IMOs support) that the true etiology of his demise was also misdiagnosed.

I also listed 34 VA medical entries or records that supported my claim and gave, in each case, a medical citation to support how they supported the claim.

In past claims I have had my most critical evidence mysteriously disappear from the C file- I didnt take any chances and attached much of it to the I-9 again-as well as my IMOs.

Ironically-when the BVA remanded this claim fast- 3 months later Iris told me that my IMos -3 by then-still had never been received by the RO.

Make sure that the I-9 refers to evidence that rebutts what the VA denied on.

[halos2]

Berta, I called my VSO this a.m. but he was out and the assistant one was on vacation, and a newby answered the phone...he didn't know what a I-9 was so I wasn't getting anywhere.

Not his fault as he just started training.

I called back 5 min ago and spoke to one of the office personel and she said "the vet has nothing to do with the 646."

The vso writes a couple of paragraphs about the vets claim and it goes to D.C. I asked if one was written on my claim yet and she didn't know, however she said if not it will be when it goes. It is signed out to a DRO and is at the appeals table now I had sent more evidence from the files and pertinent info that substantiates my claim.

I got to get this Dr to sign this IMO and I used 7 references/cited by when I completed it. It does indeed validate again the continunity of care for my back all these years too.

Wonder how some people get these jobs, as the only ones I ever see posted are for the State VSO's. How do they find out about them?

Well the office staff really pumps up her boss, I know he is very busy but give credit where credit is due...I have been engrossed in my evidence and investigative processes to win my claim. It is my entire focal point of life...study, read, write net search, and do it al over again. I am so greatful for you and the others and Carlie for telling me more and educating me more on the claims routes. Any copies you have to share are welcomed my way. Thanks

Wait!- glad I re-read your post -

Make sure that if the rep fills out the I-9 that it is done right!

I have a topic here with advise from NVLSP on the I-9-

On my I-9 I hit them on page One with the fact that my medical evidence still remained ignored-

I attached 4 pages of additional points, knocking down their VA opinion and highlighting my IMos and my other medical evidence.

I attacked every single statement in the SSOC and by then had a DRO conference result to attack with evidence.

I also attached and stated that the VA had already admitted to malpractice for 4 catastrophic medical erros causing Rod's death so it was more than likely (as my IMOs support) that the true etiology of his demise was also misdiagnosed.

I also listed 34 VA medical entries or records that supported my claim and gave, in each case, a medical citation to support how they supported the claim.

In past claims I have had my most critical evidence mysteriously disappear from the C file- I didnt take any chances and attached much of it to the I-9 again-as well as my IMOs.

Ironically-when the BVA remanded this claim fast- 3 months later Iris told me that my IMos -3 by then-still had never been received by the RO.

Make sure that the I-9 refers to evidence that rebutts what the VA denied on.

[carlie]

halos,

I had visited my VSO in person and was promised he would call me

to come read my I-9 and 646 before he sent them on their merry way.

Now I'm at BVA with some issues that BVA states have not yet been adjudicated

by my VARO and are therefor not under BVA jurisdiction.

I have to find a way to get BVA to acknowledge these issues have in fact

been adjudicated by my VARO. Of course the VSO never contacted me prior to

sending thses forms off.

carlie

[john999]

Berta

If at some point your claim became final and your IMO's were not acknowledged as evidence in your claim do you believe that would be a CUE? I know that is a long way off and would mean the BVA and the Court would have to ignore the IMO's. It does not seem possible that the VA could continue to lose your IMO's unless something is happening where there is some hanky panky going on between your VSO and the VA to deny you.

[Berta]

Good question John-

it is difficult for me to project that thought-that my IMos would again be ignored-

I am also upset over my lay medical evidence- which has been ignored-I associated my husband's detailed autopsy with the clinical record as well and found medical treatises that supported my claim in many other regards -even without the IMOs-

This is how I succeeded in my VA malpractice claim- I gave competent lay testimony and medical evidence from the med recs.There was no way out for the VA but they fought me with 3 or 4 "expert" denials before I succeeded in that.

The VA doctor who wrote two of these opinions a decade ago actually agreed with the premise of my AO claim-some time ago when I called him up-

he couldnt opine on the new claim as he reminded me I knocked him down twice already-

The BVA considers treatises and medical abstracts if they are fully probative to the clinical record.I never intended my treatise info to stand alone but as icing on the cake-

I even had photos of autopsied brain and heart and associated the type of documented clinical damage my husband had that was supported by medical abstracts correlating this type of heart and brain damage to DMII.

There is plenty of evidence-in addition to my IMOs -to award my claim.

I developed a new war plan - and will ask for Administrative Review if my medical evidence remains ignored again-

I did this in 1997 and a lawyer from VACO called me up when they got it- as they dont get administrative reviews often-

(I dont recommend this unless your evidence is very probative- lots of legalise involved)

He is now a Regional Counsel for VA and he asked me what I wanted the VA to do with the Administrative Review-

long story- but this is how I got to the OGC in DC and finally got my evidence read (denied again there- but I fought back immediately and succeeded right away)

"unless something is happening where there is some hanky panky going on between your VSO and the VA to deny you."

Indeed---- this is the critical part of my OGC complaint against my POA vet org.The documented evidence (from the VA and the POA) suggests that something sure went wrong-something was agreed upon (between Va and the POA) to hinder my claim.

-not once but twice-

Not only is this supported by evidence in my OGC complaint but I recently wrote to the VSM and told her about this as she had some involvement there.

I mentioned here that I recently discovered a major error the VA made regarding my FTCA settlement.

I talked to a few malpractice lawyers who agreed with me that this is not only an illegal practice but that they didnt think I am an isolated case-I am pursuing this info with the OGC and higher ups in the VA system-

this situation is a little too sophisticated to imagine a vet rep and a DRO would discuss and decide my claim had to be stymied but then again- the VA almost got away with killing my husband- so I dont put anything past them. If they knew about this-maybe it was their motive.

Complaints to the OGC under 38 USC 14.633 do not require a motive.

The OGC never had a complaint like this from a complaint but nothing in 38 USC precluded me from filing it.

Obviously my evidence was probative enough for the OGC to handle it.

The POA is long overdue on their responses to my charges.

Men and women- I have been through plenty with the VA- not to mention all my husband went through only to end up 6 feet under-

and VA doctor's who had the chance to properly diagnosis him -chose instead to let him die without proper medical care.I found the hour and the day of the cover up-in the med recs.

But I assure you all -that with medical evidence, and the willingness to do the leg work,and continually rebutting them, and by being peristent- NOTHING is impossible with the VA.

Edited July 17, 2008 by Berta (see edit history)

[halos2]

Carlie,

I am facing basically the same. Called VSO office again today and no call returned again. Finally requested from office worker Form 9 copy to be sent to me as fax didn't come through. Have not found out if 646 was written yet. From what I gather this is to be made out just prior to going to BVA after Appeal team is done with their review. This is what office person told me anyway. But they are really not at all responsible at calling me or notifying me.

halos,

I had visited my VSO in person and was promised he would call me

to come read my I-9 and 646 before he sent them on their merry way.

Now I'm at BVA with some issues that BVA states have not yet been adjudicated

by my VARO and are therefor not under BVA jurisdiction.

I have to find a way to get BVA to acknowledge these issues have in fact

been adjudicated by my VARO. Of course the VSO never contacted me prior to

sending thses forms off.

carlie

[Berta]

John- I forgot to add-

when the VARO sent my claim to the BVA I wrote the BVA a letter stating my VCAA July 2003 letter was in violation of the VCAA regs, and that my Nov 2004 IMO had been ignored by the VARO as well as all of my significant other medical evidence.

I also had obtained another IMO to knock down the VA expert opinion.

I enclosed both the IMos and the VCAA letter , pointed out other specifics in my formal appeal,and quoted a few regs and told the BVA I am a veteran's advocate and I know my rights.

They sent it all right back to the RO.

If the VARO should ignore my medical evidence again-and attempt transfer to the BVA- I will get it back again the same way- but as I mentioned -I will request an Administrative Review.

AFTER the remand (my POA refused to support this) the POA filed a 4138 so it would appear they had gotten the remand.

The files were already back at the RO.

Then within 2 weeks later the local rep told me VA was obtaining another medical opinion.

You know as well as I do-that the VARO sure doesnt move that fast- since the remand-2 years ago- the VA has done nothing at all regarding an additional med opinion- nothing at all on this AO claim-

this was sheer intimidation on the reps part-

to make me think the VA was getting another opinion-

I raised Mariano V Principi many times as well- as it would be difficult for he VA to get another opinion.

If they did I would get another IMO.

As long as I keep the claim going at any level they have it at-there would be no basis for a final decision, therefore no CUE.

I hope to hear from the VSM soon-

She conferred twice with my POA on this claim-

she has some answers to give me.

[Berta]

Halos -the 646 is important but sure not as important as the I-9.

I think vets should file out the I-9 themselves or at least make sure that the rep raised and argued the issues correctly.

it is another chance to highlight the medical evidence too.

An I-9 can be a brief statement but I feel that it should cover all issues on appeal and again highlight the evidence (and I even suggest attaching evidence again)

in 1997 one of my claim went to VACO in DC and the C file they got in DC was missing lots of evidence- the most important stuff of course-

only by staying on the phone and checking and double checking what they were doing -did I find this out-

as soon as I sent VACO what I learned was missing-I won that claim.

The I9 is the chance to state what evidence you sent the RO and the BVA will look for it in the C file.

[halos2]

BERTA, Please read CAN YOU TOP THIS on page 2 and then give me your opinion on what or how I should make sure me information on Form 9 and 646 should have been written. The latest notation on that site narrows down the info. Thanks

[carlie]

halos and others,

Remember, when you have signed the POA form, your POA can submit OR NOT SUBMIT, anything they want, any way they want.

They have carte blanche concerning your claim. They do not need our signature

to submit anything and very seldom do we get to preview what is sent.

Just FYI.

carlie

[Berta]

Carlie you are so right-

they can send a 646 or choose not to-

the most many reps do is file a 21-4138 with the RO to show support for the claim.

No one on my present POA ever filed a 21-4138 in support of my AO claim and the only dated 4138 on that claim is what they filed AFTER I got a remand to make it appear on the record that they had supported me-

When the DAV repped me years ago they did send in all documents, 4138s etc that showed their support but the rep himself continually told me my evidence was no good and I would lose those claims.

I won them. I do not listen to or deal with negativity.

We have to develop a thick skin I think- when we know our evidence warrants an award-we must be aggressive in presenting it to VA -as very few vet reps seem to really care.

[halos2]

Carlie, and Berta,

VSO said he will