Still Learning Need Advice

[rdnkjeeper]

I filed a NOD about my claim on my back, about a month ago they sent me a form 9 to fill out. I went to my VSO and he helped me fill it out. Basically it just said to look at C&P dated such and such because it wasn't listed in the evidence. Going off that C&P it clearly shows that I "rate" the next larger percentage. Well today I got a letter about travelling section of the BVA. Now for my questions.....what is the traveling section of the BVA? Why don't they just look at the "new" evidence? Is it possible that they would just look at it and say "hey your right" and increase my rating?

Thanks

[Berta]

Possible but not probable.

If the VA failed to list a C & P exam as evidence,why didn't the rep suggest you file for reconsideration?

Maybe they did adequately refer to it in the narrative-and although not listed,it was considered-as the VA usually never ignores a C & P.

Is that the "new" evidence or did you send them something else with the NOD?

The medical evidence that supports the higher rating -were copies of that sent it with the NOD?

Did the VA state in the decision exactly why they didnt award the higher rating?

Can you scan the reasons and bases (cover the personal info) and attach it here?

[evandc]

BVA-Form 9-WHY?- Just me, keep your claim local as long as possible. BVA can approve, deny or REMAND. Remands are not fun, approvals not to likely to happen & no one wants a denial.

Anyone else think that BVA is not the first choice or just me? BTW my 62 months(1994-1999) at BVA probably has something to do with my attitude & I won (I think). They send you a Form 9-that does not mean you have to sign it or send it in or whatever. GRR, VARO just doing their job & BTW that claim is out of their hair. Also it's not like your claim is in Washington, not until requested by the BVA. Of course, that was in the old days when we had paper file, but wait this is VA probably have paper files or we would not have shredder problems.

Don

[rdnkjeeper]

So what would you guys do? I am at work so I can't get the denial letter.

[Berta]

Along with the NOD did you or your rep file a response to the statement of the case?

In my claims over a decade ago I was determined to get an award from the regional office in Buffalo.I certainly filled out the I-9 and sent it in- I was not willing to give up any of my appellate rights-

but still continued to submit evidence to the RO even after I got a letter saying the case was top be transferred to the BVA.

Long story- but I was awarded both of these claims by the VARO -they never got to the BVA.

My recent AO death claim however was a vastly different story-

Filed in Feb 2003-

it took 7 years-until April 2009 for an award- and the award came from the BVA.

The VA only recently started sending me the cash (Feb 2010) after I had to ask them to CUE their erroneous awards letters of May and Sept 2009 I think it was.

This occurred because the same RO that took 3 years to award my past claims (both re-opens of my deceased husband's 2 claims) failed to even read or consider any of my medical evidence for the Feb 2003 claim.

Only the BVA actually took the time to read my evidence.

Only one single medicl statement I made was considered by a C & P doc and she misinterpreted it-

I rebutted that with Merck and Medilexicon,pointing out she could not even tell military time on my husband's med recs- the times of a series of blood work tests taken were critical to the claim.

If you dont send the I-9 in- and the I-9 time frame passes you have lost your appellate rights.

I hope when I posted part of my BVA decision here some time back that you didnt misinterpret it-

My I-9 was not filed within the year time frame due to other steps I had taken that generated another SSOC (I asked them to CUE themselves)and this staved off the I-9 time limit-I forget how the BVA worded that part-

I don't advise anyone to do that unless they are fully versed in VA case law and regs- and can prove the VA committed a CUE during the claims process.

evandc stated:

"Anyone else think that BVA is not the first choice or just me? BTW my 62 months(1994-1999) at BVA probably has something to do with my attitude & I won (I think). They send you a Form 9-that does not mean you have to sign it or send it in or whatever. GRR, VARO just doing their job & BTW that claim is out of their hair. Also it's not like your clai"

I say sign it and send it in -in timely manner-and continue to send VA any evidence whatsoever that could help your claim.

The response period to a SSOC is only 30 days.

There is an addendum statement here that NVLSP recommends putting on an I-9-and I included it in an I-9 topic here somewhere I wrote.

Your argument on the I-9 should be stated on the first page- not much room there- and then expanded on.

If we know the exact wording of the denial perhaps we can help more here.

Edited March 2, 2010 by Berta

[Commander Bob]

Along with the NOD did you or your rep file a response to the statement of the case?

In my claims over a decade ago I was determined to get an award from the regional office in Buffalo.I certainly filled out the I-9 and sent it in- I was not willing to give up any of my appellate rights-

but still continued to submit evidence to the RO even after I got a letter saying the case was top be transferred to the BVA.

Long story- but I was awarded both of these claims by the VARO -they never got to the BVA.

My recent AO death claim however was a vastly different story-

Filed in Feb 2003-

it took 7 years-until April 2009 for an award- and the award came from the BVA.

The VA only recently started sending me the cash (Feb 2010) after I had to ask them to CUE their erroneous awards letters of May and Sept 2009 I think it was.

This occurred because the same RO that took 3 years to award my past claims (both re-opens of my deceased husband's 2 claims) failed to even read or consider any of my medical evidence for the Feb 2003 claim.

Only the BVA actually took the time to read my evidence.

Only one single medicl statement I made was considered by a C & P doc and she misinterpreted it-

I rebutted that with Merck and Medilexicon,pointing out she could not even tell military time on my husband's med recs- the times of a series of blood work tests taken were critical to the claim.

If you dont send the I-9 in- and the I-9 time frame passes you have lost your appellate rights.

I hope when I posted part of my BVA decision here some time back that you didnt misinterpret it-

My I-9 was not filed within the year time frame due to other steps I had taken that generated another SSOC (I asked them to CUE themselves)and this staved off the I-9 time limit-I forget how the BVA worded that part-

I don't advise anyone to do that unless they are fully versed in VA case law and regs- and can prove the VA committed a CUE during the claims process.

evandc stated:

"Anyone else think that BVA is not the first choice or just me? BTW my 62 months(1994-1999) at BVA probably has something to do with my attitude & I won (I think). They send you a Form 9-that does not mean you have to sign it or send it in or whatever. GRR, VARO just doing their job & BTW that claim is out of their hair. Also it's not like your clai"

I say sign it and send it in -in timely manner-and continue to send VA any evidence whatsoever that could help your claim.

The response period to a SSOC is only 30 days.

There is an addendum statement here that NVLSP recommends putting on an I-9-and I included it in an I-9 topic here somewhere I wrote.

Your argument on the I-9 should be stated on the first page- not much room there- and then expanded on.

If we know the exact wording of the denial perhaps we can help more here.

[Testvet]

I filed a NOD about my claim on my back, about a month ago they sent me a form 9 to fill out. I went to my VSO and he helped me fill it out. Basically it just said to look at C&P dated such and such because it wasn't listed in the evidence. Going off that C&P it clearly shows that I "rate" the next larger percentage. Well today I got a letter about travelling section of the BVA. Now for my questions.....what is the traveling section of the BVA? Why don't they just look at the "new" evidence? Is it possible that they would just look at it and say "hey your right" and increase my rating?

Thanks

a form 9 is filled out when you are appealing your claim to the BVA, if you wanted it decided locally you should have filed a request for reconsideration and mentionaed the missing C&P exam from the evidence list if it is then denied again you can still file a form 9 and appeal to BVA I tried to keep my issue locally from July 2003 - August 2008 and I had an attorney volunteer (pro bono) take control and moved it to BVA after the RO denied it again in August 2008, my BVA hearing was Feb 2009 and got the award letter in June 2009 and 6 years of back pay for SMC S I agree try to keep it local but there does come a time when you do have to appeal to the BVA NODs and reconsiderations can keep an issue active and local for years

by the way it has been my experience that once the RO starts ignoring evidence repeatedly they are just not going to award the claim at the local level they want the BVA to force them to award so they can claim they are not giving away the piggy bank and can pass the blame on to BVA I don't know if it has anything to do with the bonus scheme they operate under or not but some issues are just not going to be awarded at the VARO level no matter what evidence you give them

Edited March 2, 2010 by Testvet