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]

Plase give exact web address for me to obtain this info. Having trouble locating this. Thanks.

"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")

[carlie]

halos,

There isn't a web address for that. It's a page in a book that you can buy

the books, VBM + Veteran's Benefits Manual, they are a couple hundred bucks.

carlie

[halos2]

Carlie, You are always there to clarify things, thanks. I am familiar with the Veterans Benefit Manual, saw it via NOVA and also checked it out on half.com too. Was thrown off with the NVLSP initials.

Went on to google and put in the page # and got the section to come up. Prior when I would search I would get the purchase sites.

It is the 2001 edition, but still is helpful.

halos,

There isn't a web address for that. It's a page in a book that you can buy

the books, VBM + Veteran's Benefits Manual, they are a couple hundred bucks.

carlie

[halos2]

VBM= Veterans benefits manual NVLSP= National Veterans Legal Services Program got it now ok.

[halos2]

I finally got the copy of VA form 9 in the mail from my VSO, as fax trouble.

Well on # 9 has a check mark and the only thing written is lumbar spine.

That's it. Nothing more or less.

Where do I go from here?

quote name='Berta' date='Jul 19 2008, 09:02 AM' post='98894']

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For example- the VA put on appeal in 2006 an issue I had withdrawn in 2004 and had recharacterized.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

[carlie]

halos,

Just what I thought it would be.

The Form 9 or I-9 should list each issue and why you feel it should be sc'd

or percentage or what ever your argument is that you feel should be under

BVA jurisdiction in the appeal - to include all issues.

Example:

Lumbar strain is issue

Diagnostic Code : XXX was denied or disability percentage for XXX

was denied etc...

Medical Evidence presented: XXX, XXX, XXX etc...

Effective Date granted SC of : is incorrect, I feel the Correct Effective Date of award

should be XX-XX-XXXX, due to XXXXXXXXX, etc.

Each issue may have what I think of as sub-issues.

a) the disability condition itself

b) percentage granted v what the medical evidence shows

c) Effective date of grant

d) any secondary conditions attributal to the SC'd disability.

VSO's rarely list all of this - anything you can do to help prevent a Remand and promote

a decision being made is needed.

jmho,

carlie