I9 Box 9 General Form

[Josh]

The appeal development continues as more is learned. Love to cut an past from old information.

Anyway an updated BOX 9 enty covers most angles I think. If you want to add suggestions. please feel free.

3/10/2006 8:13 PM

updated Box 9 information to final status

Box 9

I take exception to the decision forwarded and preserve for appeal all errors of law and fact, any misapplication of the M21-1 (Adjudication Procedures Manual), Title 38 Code of Federal Regulations, and invoke the Veteran Administration’s duty to assist in any further decisions by the VARO or BVA. In the upcoming pages, I will clearly outline and directly address the evidence for review and will clearly establish the level of substantial doubt raised well exceeds the range of probability required for approval under 38 CFR 3.102.

Many thanks to all for your suggestions and to Berta for her input.

Josh

Edited March 11, 2006 by Josh

[Josh]

And final of page one of the form 9

[Josh]

For those following this claim´s progress, there was an error in the BOX checked on part 9 of the form 9 and I will be appealling ALL of the issuesnot specific points.

Josh

[wallyg]

Josh, my suggested changes:

I take exception to the decision forwarded, and preserve for appeal all errors of law and fact; any misapplication of the M21-1 (Adjudication Procedures Manual); Title 38 Code of Federal Regulations; and I invoke the Veteran Administration’s duty to assist, in any further decisions, by the VARO or BVA.

In the following pages, I will clearly outline and directly address the evidence for review and will clearly establish that the level of substantial doubt raised well exceeds the range of probability required for approval, under 38 CFR 3.102.

[Guest Morgan]

Wally,

My husband had eight claims denied, and we are thinking it might be best to pursue the most important issues rather than all of them. We don't want to put in so much paper that it clogs the toilet again. :(

Would your statement preserve the other conditions for appeal later?

[wallyg]

Josh,for Box 10, I suggest the following corrections:

Reading the SOC dated February 6, 2006, it is duly noted that compensation is payable, which results from VA hospitalization, medical or surgical treatment, vocational rehabilitation, or as a result of having submitted to a VA examination.

With this appeal, not only will the evidence contained within previously submitted documentation clearly and repeatedly show substantial deviation from accepted standards of medical practice, but also that the VA reviewer failed to integrate the known critical data into a clear and concise clinical picture. The information to be addressed, unlike that suggested by the reviewers, far exceeds the 38 CFR 3.102, (Reasonable Doubt), threshold, for granting this 38 USC 1151 claim. In addition, it will be shown, the VA claims reviewers repeatedly overlooked, disregarded and ignored direct medical evidence in prior submitted material, which fully supports and forms multiple binding nexuses needed for immediate final approval of this claim. The path taken is to examine each and every one of the VA reviewer's observations, statement's and opinions, as written in the SOC's "Reasons and Bases" section.

Nexus: their is vociferous argument about the plural, with classicists insisting that there is no such word as 'nexii'; but that is what is most commonly used.

Good Luck.

[wallyg]

Wally,

My husband had eight claims denied, and we are thinking it might be best to pursue the most important issues rather than all of them. We don't want to put in so much paper that it clogs the toilet again. :(

Would your statement preserve the other conditions for appeal later?

Morgan,

It is not my statement, it is Josh's modification of Berta's statement, that I believe she got from NVLSP.

If you filed 8 claims, and they were all denied at the same time, you don't have much choice, the expiration date for filing a NOD and a Form 9, will be 60 days from the date of the denial.

This is an extract from M21-1MR;

4. Time Limits for Filing an NOD

Introduction

a. NOD Time Limit

b. Computing the NOD Time Limit

c. Informing Appellant When NOD Is Not Timely Filed

d. Handling a Time Limit Extension Request

Introduction

An appellant must file an NOD within a specified time limit. This topic defines the NOD time limit and contains information on

· computing the NOD time limit

· informing the appellant of an NOD that was not timely filed, and

· handling a time limit extension request.

Change Date December 9, 2004

a. NOD Time Limit

The table below describes the time limit for an appellant to file an NOD.

An NOD for . . . Must be filed . . .

a contested claim 60 days from the date the Department of Veterans Affairs (VA) mailed the notification of the decision to the unsuccessful claimant.

Reference: For more information on contested claims, see M21-1MR, Part III, Subpart vi, 6 (TBD) or M21-1, Part IV, Chapter 5.

all other claims one year from the date VA mailed the notification of the decision to the claimant.

b. Computing the NOD Time Limit

When computing the NOD time limit

· exclude the first day of the specified period

· include the last day of the specified period, and

· if the time limit expires on a Saturday, Sunday, or legal holiday, include the next workday in the computation.

If the postmark date is

· prior to the expiration of the NOD period

- consider the NOD timely filed, and

- retain the postmarked envelope, or

· not of record, presume the postmark date to be five days prior to the date VA received the NOD, excluding Saturday, Sundays, and legal holidays.

c. Informing Appellant When NOD Is Not Timely Filed

If an appellant files an NOD past the time limit

· inform the appellant via letter, and

· send VA Form 4107, Notice of Procedural and Appellate Rights with the letter. The issue that an NOD was not timely filed is, itself, appealable to the Board of Veterans' Appeals (BVA). See M21-1MR, Part I, 5.B.5.e.

d. Handling a Time Limit Extension Request

An appellant may request an extension of the time limit for filing an NOD.

In this situation, the time limit may be extended if the appellant shows good cause. 38 CFR 3.109 provides that a request to extend the time limit may be made either before or after the expiration of the NOD period, although this regulation does not define good cause. An appellant may appeal a denial of a request for a time limit extension to BVA.

You can file a request for a DRO hearing, when you first get the notification of non-award, and then around Day 58, file a Form 9 for the BVA. You can also file the Form 9, before the 60 days is up, and still request a hearing after.

A form 9 starts a long process, that can take YEARS, depending on the local VARO. I have a Form 9 in for more than two years, it is still sitting in Manila, so much for expedited handling when you are over 70.

Until the VARO notifies you that they are submitting the Form 9 to BVA, you can request all the hearings you want, and submit additional evidence, as long as it can be classified as 'new'.

Even after it gets to BVA, you often have time to submit additional 'new' evidence, since it will usually take more than 6 months, before they do anything with it.

THE MOST IMPORTANT THING THOUGH; YOU MUST GET THE FORM 9 IN WITHIN THE 60 DAYS!!!