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

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halos2

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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.

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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.

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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.

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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.

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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 :huh:

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.

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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

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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.

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