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.

[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

[halos2]

Carlie, and Berta,

VSO said he will enter 646 prior to claim going to BVA...only filed Form 9 thus far. When they are done with their review and if they don't deceide it he will wrie to to accompanying it to the BVA. Think I better work on a more specific one he may use to send or leave it up to him?

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]

If the rep already filed a I-9 form for you- you should get a copy of it and see if all of the bases were covered.He probably prepared it right.

A formal appeal, per NVLSP, must identify and argue all issues on appeal.

A SOC or SSOC could state many issues and the appeal must address what is within the BVA's jurisdiction.

For example- the VA put on appeal in 2006 an issue I had withdrawn in 2004 and had recharacterized.

I had to clearly state this fact in my I-9.

The VA also stated to me that they had put on appeal a claim that they had never decided.This too had to be cleared up.

"The substantive appeal should set out specific arguments relating to errors of fact or law made by the RO in reaching the decision being appealed. The argument should relate to specific items in the SOC and SSOCs."

VBM NVLSP 2007 edition. page 1289.

My I- 9 clearly identified the issues on appeal and the errors in law and in fact that the VA had made in the decision I was appealing.I also referenced legal citations and directly referred to statements in the SSOC.And again enclosed my medical evidence.

You have 60 days from date of SSOC cover letter or the remainder of the one year period from the date of notification of the decision being appealed to submit the I-9.

[halos2]

Please explain where to find this info ie VBM NVLSP 2007 Edition

If the rep already filed a I-9 form for you- you should get a copy of it and see if all of the bases were covered.He probably prepared it right.

A formal appeal, per NVLSP, must identify and argue all issues on appeal.

A SOC or SSOC could state many issues and the appeal must address what is within the BVA's jurisdiction.

For example- the VA put on appeal in 2006 an issue I had withdrawn in 2004 and had recharacterized.

I had to clearly state this fact in my I-9.

The VA also stated to me that they had put on appeal a claim that they had never decided.This too had to be cleared up.

"The substantive appeal should set out specific arguments relating to errors of fact or law made by the RO in reaching the decision being appealed. The argument should relate to specific items in the SOC and SSOCs."

VBM NVLSP 2007 edition. page 1289.

My I- 9 clearly identified the issues on appeal and the errors in law and in fact that the VA had made in the decision I was appealing.I also referenced legal citations and directly referred to statements in the SSOC.And again enclosed my medical evidence.

You have 60 days from date of SSOC cover letter or the remainder of the one year period from the date of notification of the decision being appealed to submit the I-9.

[Berta]

"The substantive appeal should set out specific arguments relating to errors of fact or law made by the RO in reaching the decision being appealed. The argument should relate to specific items in the SOC and SSOCs."

VBM NVLSP 2007 edition. page 1289.

( Under 16.3.2.6.4 Chapter 16 "Reviewing VA Claims files")