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.
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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.
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