I-9 Appeal Form

[Berta]

NVLSP suggests adding this into the I-9 form- usually there is enough space under the hearing questions on the I-9 form.

"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."

I cant find my old post here on this but Ron Abrams, attorney for NVLSP, was delighted I posted this info at hadit quite some time ago-in essense you are preserving some appellate rights by doing this-

Also- as I suggested in my older post-since there isnt much room on page one for your argument, it pays to state right away what the VA did wrong-

such as-the VA failed to consider my SMRs as attached -that refer to my disability manifested in service.

or the VA failed to consider my IMO, my notarized buddy statement ---stuff like that-

you can attach more pages and make sure your C file number, name and address are on them, and don't hesitate to refer to and enclose again what the VARO failed to consider.(in case the MF removed it from the C file prior to BVA transfer)(MF mysterious force)

Years ago -before my daughter went into the Mil- she mentioned many times that I always seemed to be sending the VA the same stuff-on my older claims-

it amazes me just how many times I had to re-supply the evidence-

and send it all certified or priority hoping it would not disappear again-

but all the missing stuff showed up when I asked for a copy of my C file some years ago-

I am going through the same thing again-with my present claim-

and I sure would not want the BVA to get an I-9 from me with evidence referred to-but somehow missing from the C file.

It pays to also send with your I-9 a brief list of the Exhibits attached.This way the BVA will know what to look for and hopefully none of it will be missing.

I am still astonished that one BVA claim had 4 IMOs with it that the RO had never even considered.The BVA awarded the claim based on the IMOs. This is just awful.Federal Employees at ROs are being paid to overlook critical evidence.

Good thing they dont work for the CIA.

[MRRRR5]

Berta,

thanks for this. I will definitely take this advice when completing my BVA I-9 Appeal Form.

[halos2]

Are you referring to VA Form 9 ?

There is no space under #8 Hearing ...#10 is why you think VA decided yout case incorrectly...Is this the area you want the above statement listed "I take exception to..." you wrote in your notations ?

NVLSP suggests adding this into the I-9 form- usually there is enough space under the hearing questions on the I-9 form.

"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."

I cant find my old post here on this but Ron Abrams, attorney for NVLSP, was delighted I posted this info at hadit quite some time ago-in essense you are preserving some appellate rights by doing this-

Also- as I suggested in my older post-since there isnt much room on page one for your argument, it pays to state right away what the VA did wrong-

such as-the VA failed to consider my SMRs as attached -that refer to my disability manifested in service.

or the VA failed to consider my IMO, my notarized buddy statement ---stuff like that-

you can attach more pages and make sure your C file number, name and address are on them, and don't hesitate to refer to and enclose again what the VARO failed to consider.(in case the MF removed it from the C file prior to BVA transfer)(MF mysterious force)

Years ago -before my daughter went into the Mil- she mentioned many times that I always seemed to be sending the VA the same stuff-on my older claims-

it amazes me just how many times I had to re-supply the evidence-

and send it all certified or priority hoping it would not disappear again-

but all the missing stuff showed up when I asked for a copy of my C file some years ago-

I am going through the same thing again-with my present claim-

and I sure would not want the BVA to get an I-9 from me with evidence referred to-but somehow missing from the C file.

It pays to also send with your I-9 a brief list of the Exhibits attached.This way the BVA will know what to look for and hopefully none of it will be missing.

I am still astonished that one BVA claim had 4 IMOs with it that the RO had never even considered.The BVA awarded the claim based on the IMOs. This is just awful.Federal Employees at ROs are being paid to overlook critical evidence.

Good thing they dont work for the CIA.

[Berta]

I reduced my font, typed this statement in Word and then cut it out, taped it into the space under the hearing part- and scanned it all after I had cut and pasted my opening argument into the appeal part at the bottom.

It doesnt matter where you put it-

Ricky posted a case here today where the BVA caught the ROs errors right away- in the appeal-

This statement- in the event RO did make errors which were prejudicial to the claimant-preserves them on appeal in case the BVA doesnt catch them.

I feel a claimant should raise ALL errors the RO made in the adjudication of the claim within their formal appeal.

The vet in the case Ricky posted could have lost his restoration of his comp-but the BVA caught a critical error the VA had made.

[halos2]

Berta, Please read can you top this and esp my last notation to assist me with my info to write...haven't gotten copy yet from VSO. Thanks

[halos2]

Berta,

Got copy of my Form 9 today very brief..under 9 b is checked and written under that is lumbar spine.

That's it 2 words lumbar spine, nothing more nothing less.

Now what am I to do????

I reduced my font, typed this statement in Word and then cut it out, taped it into the space under the hearing part- and scanned it all after I had cut and pasted my opening argument into the appeal part at the bottom.

It doesnt matter where you put it-

Ricky posted a case here today where the BVA caught the ROs errors right away- in the appeal-

This statement- in the event RO did make errors which were prejudicial to the claimant-preserves them on appeal in case the BVA doesnt catch them.

I feel a claimant should raise ALL errors the RO made in the adjudication of the claim within their formal appeal.

The vet in the case Ricky posted could have lost his restoration of his comp-but the BVA caught a critical error the VA had made.

[halos2]

Just found out my claim/file was sent to BVA in D.C. (yesterday) by VA but confirmed by my VSO right now(today) as this is to be true.( It was sent on friday 18th Jul 08)

So I know I have 90 days to submit more information and longer if I waive jurisdiction, but I wanted more on my Form 9 as I found out it only was shown to have lumbar spine written on the form.

Requested a copy of the 646 so I do not know what is written on that. SO can I expand whatever is written on these forms?

Already have appointment for update IMO in a few weeks. Now what else should I do to help my case?

I found a person who was a personal assistant and office manager of a physician I saw in 1970...as she worked there for years and he delivered my 3rd and 4th child. He died in the late 1970's so there were no records to be found, however what weight would there be in my favor if she writes a summary of my back injury and continuance of chronic back pain and physician visits as she remembers me and my problems. What type of influence do you think this would be in granting a continuance of back condition during the year of my discharge?

I have given information validating back treatments since the early 1970's but this would qualify since the actual year of 1970.

Berta,

Got copy of my Form 9 today very brief..under 9 b is checked and written under that is lumbar spine.

That's it 2 words lumbar spine, nothing more nothing less.

Now what am I to do????

[Berta]

WOW that was fast- it took my POA 6 months to prepare the 646-

all that time I not only was unaware the transfer to the BVA was pending but that six months just strung it all out longer.

My POA said they had no copy of their 646 and I somehow got it anyhow from the RO- I only tried to obtain it as it is critical to a GC complaint against them.

I wouldnt worry about the 646-

You can file an Addendum to the formal I-9 explaining to the BVA the lumbar spine issue more clearly.

A notarized statement from the doctor's assistant, in my opinin, would be considered by the BVA as to showing continuity of treatment.

I dont know exactly why you want an updated IMO, unless the new IMO has a C & P exam report to knock down- still make sure the IMO doctor uses the format for Getting an Independent Medical Opinion-here at hadit-

the IMO itself will expand the argument of the I-9.

If you are dealing with Dr. Bash of Bethesda-and asking him to update his IMO-he already knows the regs so he doesnt need to know how to prepare the IMO.

He would need, however, any medical evidence or negative C & P report, SOC etc that transpired since his initial IMO.

[halos2]

"Make sure IMO uses format used here at hadit" ok I must have missed area where to find the specifics to follow to the t, to acquire a favorable deceision. Please give it to me so I may give it to physician's to follow.

I am waiting for the copy of my 646, it was to be mailed out to me on tues of this week.

My VSO assistant said that the 646 was made out in April 2008 and went with the claim, and was turned into the VARO in apr08. Is this the usual? How did they know it would not be granted here? Made out in Apr yet sent to BVA Jul does that seem appropriate, esp as I continued to send more info to VARO all these mths.

quote name='Berta' date='Jul 22 2008, 10:32 AM' post='99151']

WOW that was fast- it took my POA 6 months to prepare the 646-

all that time I not only was unaware the transfer to the BVA was pending but that six months just strung it all out longer.

My POA said they had no copy of their 646 and I somehow got it anyhow from the RO- I only tried to obtain it as it is critical to a GC complaint against them.

I wouldnt worry about the 646-

You can file an Addendum to the formal I-9 explaining to the BVA the lumbar spine issue more clearly.

A notarized statement from the doctor's assistant, in my opinin, would be considered by the BVA as to showing continuity of treatment.

I dont know exactly why you want an updated IMO, unless the new IMO has a C & P exam report to knock down- still make sure the IMO doctor uses the format for Getting an Independent Medical Opinion-here at hadit-

the IMO itself will expand the argument of the I-9.

If you are dealing with Dr. Bash of Bethesda-and asking him to update his IMO-he already knows the regs so he doesnt need to know how to prepare the IMO.

He would need, however, any medical evidence or negative C & P report, SOC etc that transpired since his initial IMO.

[Berta]

IMO criteria:

http://www.hadit.com/forums/index.php?showtopic=18835

[halos2]

Got it Berta and thanks...just got copy of 646 will post what is typed on appropriate forum of such. Tell me what should be my next step, thanks.

IMO criteria:

http://www.hadit.com/forums/index.php?showtopic=18835