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.

[halos2]

Berty, Carlie, Hoppy, and others who are knowledgable regarding this area;

Form 646

bottom section: VSO typed;

I hearby certify...

1.) Service connection for back condition

This veteran is appealing the rating decision that continues to deny service connection for back injury. This vet was treated for this condition in service and contends that it is chronic in nature. In support of claim vet submitted medical evidence from Dr. X dated in mth 2006 and Dr. Y dated in mth 2007.

This veteran is requesting that claim be sent to the BVA for their consideration. Vet is requesting the Board to consider granting a more favorable decision in vets case when taking into consideration the provisions of 38 CFR 3.102 when deciding vets claim.

Do you think I should address more on this form plus on the I-9 form as it just lists lumbar strain.

Need expert advise to get them to see/read evidence does indeed substantiate claim.

[Berta]

The VSO gave the usual response on the 646 -it has no real importance at all to your claim-

The BVA will focus on your I-9-

tell them why the RO decision was wrong and give them the correct diagnosis-in your medical records-something more detailed and specific medically than back problems or lumbar problems.

My I-9 contained the NVLSP statement I mentioned, and then I stated exactly why the RO decision was wrong.

I listed all of the evidence I had, and attached the ignored IMOs I had, directly to the I-9.

I rebutted the SSOC at each point with probative evidence and/or legal argument.

Times flies- the 60 days creeps up fast-

The I-9 does not have to be a long rendition but it should state exactly why you feel the RO decision in the SOC was wrong and clearly define the medical condition you have.

For example- a VA doc opined on my claim while she remained in Buffalo but the entire clinical record had been sent to the local VA.(for a C & P on a dead person)

I got Iris to verify this as well as the local VAMC.

I clearly raised in the appeal the fact that 3-4 faxed records were all the VA doctor used when she opined and this clearly is against VA case law.

I also raised the fact that my VCAA letter was illegal and I had mitigated those errors myself with IMOs yet the VA had failed to -even during DRO conference-acknowledge them.

I can't put my whole appeal here- my point is that you need to rebutt what the SOC said.

It appears your IMOs were rejected by the RO already-

the BVA might well reject them again-

unless you can get the doctors to satisfy the IMO criteria.

Carlie's post is very good- explain the DC code they should be using and how that would lend you to a higher rating.

[halos2]

Berta and Carlie,

The VAro denied the condition. Synapse:

1)I filed claim 2003 they lost some of papers

2)I refilled 2004

3) had 2 C&P exams for 2 separate conditions

4)granted one condition and denied back condition 2005

5)I filed a NOD in 2006

6)denied back condition again said NOD not timely

7)Gave them info again they had both been on same NOD SOC form

8)they sent info to house I was deceased and family needed to pay back 2 mths pmts 2006

9)told them again I was alive x10 2006

10)Sent me info they propose to severe prevously granted condition

11)requested personal hearing 2007

12)gave further info/facts on both in hearing 2007

13) they granted 20% increase on claim they proposed to severe and denied back condition again this was 3rd time they denied this back condition 2008

14)I requested BVA for back condition 2008

VSO filed Form 9 in apr 2008 "lumbar sprain" only thing write on it

SO can I request I-9 be updated or an addendum attached, or in addition to, or ammendment added to on this form with further info to be attached to this copy of the I-9 they sent?

What about any errors or facts of law and fact VA made decision wrongly?

Do I have the 1 year from notification of decision being appealed to submit more info related to the form 9( Berta 19 jul 08 9:02 a.m.)? Or was that just related to a new claim term allowance regarding time frame?

My VSO and VARO womens coordinator advised me not to cite other va cases similiar to mine just give documentation pertanent to me and my case only.

No diag. codes are listed on anything they sent me or I sent them. Should I have my IMO use VA diag codes for each inpairment or use their medical universal ICD 9 10 codes?

Like MRI conditions listed in relation to VA codes ie herniated disc, pain, radiation of pain to lower extremities, spondlosis,,ect..

Falls related to weakened spinal structure which resulted in damage to knee joint and ankle joint and 39 years of use of back braces/corset and use of knee braces, pain medication, rest, heat, pt treatments,etc...

I have really been specific with my documentation and evidence investigation to open their eyes to the evidence that is clearly in my SMR to current all these years and the connection validity noted too.

They use a date on my discharge which is totally invalid, as a basis for their claim denial. There is no such date of injury in my SMR. They also state no further problems and no complaint from this date of injury which there is none of this date.

The SMR give correct date and over 2 mths treatment+++ and they deny using the date on the 88 and 89 disc forms.

I have copied all of your suggestion and Carlies too.

The disch summary was not signed by the dr who did it...some one else signed it.

I know this got off my 646 topic but it puts the whole thing together in perspective and what else I need to do to prove my case with the evidence there and brought forth.

I think I know what I need to go ahead with now but need to know about further submitting of anything to Form 9.

Thanks again. Sorry for repeating any info but want to clarify if not read before. Plus WWll father-in-law just went to hosp again 3rd time in 3 weeks and finally diag correctly...clots in lungs so all are rattled now waiting for clot busters to do their job.........Thanks

The VSO gave the usual response on the 646 -it has no real importance at all to your claim-

The BVA will focus on your I-9-

tell them why the RO decision was wrong and give them the correct diagnosis-in your medical records-something more detailed and specific medically than back problems or lumbar problems.

My I-9 contained the NVLSP statement I mentioned, and then I stated exactly why the RO decision was wrong.

I listed all of the evidence I had, and attached the ignored IMOs I had, directly to the I-9.

I rebutted the SSOC at each point with probative evidence and/or legal argument.

Times flies- the 60 days creeps up fast-

The I-9 does not have to be a long rendition but it should state exactly why you feel the RO decision in the SOC was wrong and clearly define the medical condition you have.

For example- a VA doc opined on my claim while she remained in Buffalo but the entire clinical record had been sent to the local VA.(for a C & P on a dead person)

I got Iris to verify this as well as the local VAMC.

I clearly raised in the appeal the fact that 3-4 faxed records were all the VA doctor used when she opined and this clearly is against VA case law.

I also raised the fact that my VCAA letter was illegal and I had mitigated those errors myself with IMOs yet the VA had failed to -even during DRO conference-acknowledge them.

I can't put my whole appeal here- my point is that you need to rebutt what the SOC said.

It appears your IMOs were rejected by the RO already-

the BVA might well reject them again-

unless you can get the doctors to satisfy the IMO criteria.

Carlie's post is very good- explain the DC code they should be using and how that would lend you to a higher rating.

[Berta]

You can use the I=9 form or a separate piece of paper and state as a Heading ADDENDUM TO I-9 filed on (DAte)and send it certified to the BVA.

I am preparing a formal I-9 myself on my CUE claim denial.

I put paragraph # 1 under the # 9 B block in font size that fits it in there:

"I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter might could make in deciding this appeal. This includes all legal errors, all factual errors, failure to follow M21-1,all due process errors and any failures to discharge the duty to assist as violation of basic VA laws and regulations within 38 USCS and 38 CFR."

Under # 10-Here is why I think that VA decided my case incorrectly- I managed to put the crux of the appeal:

"None of my LEGAL evidence, to include the VACO Medical Report of 1997, General Counsel Precedent Opinion. Op # 30-97 , 4 BVA citations regarding interpretation of legal standing of Section 1151 and SMC, a letter from CHAMPVA,and M21-1 Part IV March 18,2003 Change date Erratum under 3.09 and 3.10 ,and a quote from NVLSP’s VBM 2007 edition page 543 re: 38 USC 5121 and 38 CFR 3.100(a) –all as listed and contained with my DRO request form dated September 12th 2007 for these 2 CUE claims, were acknowledged by the VA. Instead the DRO, Ms.XXXXXXXXXXXX, used the evidence that I submitted solely for my Agent Orange death claim to include my 2 IMOs from Dr. Craig C. Bash even though the BVA received and remanded this Agent Orange claim and it’s specific evidence and the IMOs back to the RO in September 2006 where it remains, with my medical evidence still unacknowledged and unread as of this date regarding that specific claim filed in February 2003. I have yet to receive a legal VCAA letter on that claim and have had no response on this specific claim since the September 2006 remand from the BVA.

My June 2004 De Novo request was for the CUE claim that I had filed on July 14,2004 regarding lack of SMC consideration and accrued award. My Sept 17th 2004 CUE claim regarded the lack of any diagnostic code or rating on the veteran’s significant Section 1151 fatal heart disease.That also is a CUE.

The veteran’s fatal heart disease is a medical fact established by the VACO in 1997.Dr. Craig C. Bash’s IMos have nothing to do with this established medical fact.They are in support of the initial, and still pending Agent Orange death claim I filed in early 2003."

I got all that one page one of the I-9 and as the I-9 states- you can expand on the back of that page or add additional pages.

All you need to do if to clarify you medical diagnosis and why your SMRs should support direct service connection.

The formal I-9 and any addendum is one more chance that someone at the RO will read it and revisit their denial, and that the BVA will have the information they need.

I do not trust that VA sends the BVA everything they need-

they withheld evidence even from VACO and the OGC in my FTCA case.

Page one of the I-9 often can say it all- and not be too detailed- it all depends on the case-it is almost like a thesis statement-and should rebutt the denial right away.

The I-9 does not have to include copies of all evidence they have in the C file but I suggest that all of the evidence that should be in the C file should be listed with the formal I-9.(just in case)

Make sure the additional pages have you name and c file number on them.

You have 60 days from the date of when the VARO mailed the SOC-

or you have one year "from te day your local VA opffice mailed you the notice of the decision you are appealing."

(from back of the I-9 form).

Since claims are sitting at the BVA for years-I strongly suggest that I-9s be filed within the 60 day time frame.

Edited July 27, 2008 by Berta

[halos2]

Berta,

What would we all do without your help?

Ok so I have a copy of the I-9 and all it has is lumbar strain written on it...so Do I make out a new one and add the information to it that you have advised? Attach this new one to the copied one?

DO I put down the VA codes on the paper...what about the ICD 9 codes on the civilian papers, that are on other papers? You know I had the SC injury, was treated for 2 mths, no improvement at all reported on health/med clinic SMR"s and ortho SMR and PT SMR.

Discharge paper has wrong date on it and states no further prob from this complaint but it is evident in SMR all times seen and therapy's done and no relief noted. How do I write this as it all looks like I was seen one time(but the date is not correct) and it is not factual as there is not even a clinic visit when they saw.

Also form 89 does have back injury, pain, back brace, trouble sleeping, headaches marked on it yet disputed on the reverse of this form(+# 21,22 yet -#39 denied without really using SMR to justify.)

I know to write the paragraph you wrote, but am still upset over the rest as I have been jacked around so much I want to get it MORE CLEARER to them.

I know you read the 14 steps I wrote prior to your reply, so do I incorporate this into my summary as it has reflected the treatment and their denials...by the way when I requested DRO I also requested De Novo with that too.

At my personal hearing the DRO wanted to hear more about the claim they wanted to severe and not too much about this claim that they had denied 3 times!

[Berta]

You could use the I-9 you have but I would make it clear on it that it is an Addendum to clrify the I-9 your SO sent them- and then just proceed to clarify the issues-just as you did here-

and add any evidence and refer to it in the addendum that you feel the RO overlooked.

It doesnt have to be fancy or full of legalize-

just clarify what the SO wrote-

Unlike the RO, the BVA will read everything.

I think you stated your points well here- the appeal doesnt have to be any different.

A commonsense rebuttal along with medical evidence goes a long way at the BVA.