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Va Form 9

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COOL BREEZE

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Is it necessary to file a motion for reconsideration for left out information on the VA form 9(to file and submit the evidence) I found some information that states that if you don't file using the proper form(just making up your own form), they can deny or hold up your claim. Now I saw actual copies of this form on the internet that you can fill in and print, haven't found that on this forum yet, unless I am looking in the wrong area. What I am doing, since I had a fool for my first VSO, I thought I would file one(another one) just in case, letting them know the reason as we can't find the original copy(I was never given a copy-Important-all Vets need to have a copy of what was done and submitted by a VSO for tracking purposes, so you know what was actually filed-I didn't_shame on me). Also I was going to clarify what I was asking for(left out medical info, and the medical copy-which would give me 60%, not the low ball 30%. This would have to be done in a proper fashion so they don't try to take my increase away .

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If this regards your recent decision I would ask them to reconsider the rating on the 30% and then tell them exactly why-with medical evidence attached -that shows you warrant the higher rating.

How much time do you have left for the NOD and the I-9?

A Reconsideration Request might get the proper rating faster but you still have to mark your calendar for any time limits for appeal.

All you need to do is send them a letter or use a 4138 and put RECONSIDERATION REQUEST on it and then put attention to: and use the initials of the rater who rendered the decision that appears in the upper right hand corner of the letter with the VARO numerical codes.

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PS a "Motion" for reconsideration is the same type of request regarding a BVA decision.

A VARO recon request does not require a Motion format.

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If this regards your recent decision I would ask them to reconsider the rating on the 30% and then tell them exactly why-with medical evidence attached -that shows you warrant the higher rating.

How much time do you have left for the NOD and the I-9?

A Reconsideration Request might get the proper rating faster but you still have to mark your calendar for any time limits for appeal.

All you need to do is send them a letter or use a 4138 and put RECONSIDERATION REQUEST on it and then put attention to: and use the initials of the rater who rendered the decision that appears in the upper right hand corner of the letter with the VARO numerical codes.

This was already filed-is the reconsideration a 90 time frame. What is a 4138? I have the form i-9-do I use that form as well as a letterhead with re-consideration to send it. Also I am sending them multiple issues, different types of claims, can I sent all these in 1 envelope, will they sort these a accordingly once received? I saw the one issue a vet had similiar to mine, he got the 60%, they missed my medical evidence that would have given me that rating. I have sent several NODS sent out for them for not addressing claims before the case was filed, then they closed the case. Once of them was for PN, and it has now spread from the feet to both legs, and arms. I figure I need to get a rating for that before I can add this for secondary. Also Berta, how do you figure out what you can claim as secondary. If they deny a claim, I am thinking about trying to get a secondary rated. Thinks for your help

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Good the Reconsideration Request has already been filed as to the rating you felt was too low.

I am confused about the rest of this post.

"I have sent several NODS sent out for them for not addressing claims before the case was filed, then they closed the case."

They cannot address a claim until they get the formal claim.A NOD is to specifically disagree with a decision on the claim.

" Once of them was for PN, and it has now spread from the feet to both legs, and arms. I figure I need to get a rating for that before I can add this for secondary.

Also Berta, how do you figure out what you can claim as secondary. If they deny a claim, I am thinking about trying to get a secondary rated. Thinks for your help"

A rating only occurs after a formal claim has been filed. The rating depends on a diagnosis and then a C & P exam.

Do you have any PN rating now?

If VA denies a SC claim,for a disability that you feel the PN is causing, they will also deny the PN as secondary.

All secondaries need to have a SC nexus ( the initial etiology or cause must be service connected) as well as medical evidence of the link to the SC disabilty.

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Good the Reconsideration Request has already been filed as to the rating you felt was too low.

I am confused about the rest of this post.

"I have sent several NODS sent out for them for not addressing claims before the case was filed, then they closed the case."

They cannot address a claim until they get the formal claim.A NOD is to specifically disagree with a decision on the claim.

" Once of them was for PN, and it has now spread from the feet to both legs, and arms. I figure I need to get a rating for that before I can add this for secondary.

Also Berta, how do you figure out what you can claim as secondary. If they deny a claim, I am thinking about trying to get a secondary rated. Thinks for your help"

A rating only occurs after a formal claim has been filed. The rating depends on a diagnosis and then a C & P exam.

Do you have any PN rating now?

If VA denies a SC claim,for a disability that you feel the PN is causing, they will also deny the PN as secondary.

All secondaries need to have a SC nexus ( the initial etiology or cause must be service connected) as well as medical evidence of the link to the SC disabilty.

I had received a letter from the VA on May 17, 2010 stating that we are working on nerve damage, Bilitareral feet, Urology leakage due to medication, ect. Those issues were not addressed on the final claim, it was closed and a decision rendered with those issues not addressed. I have a 0% for the feet, the va foot doctor stated during one of my many appointments with her that I had PN. She doesn't say it is secondary to the feet, I would assume so since this was an appointment for feet. And I hear that you can get PN secondary to any other service connected claim. Do you think I should file again a claim for nerve damage secondary to my feet since she also prescribed medication for this. Or as the VSO did, he filed a NOD as those issues weren't addressed. Should I wait, or file another claim? Thanks

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"And I hear that you can get PN secondary to any other service connected claim. Do you think I should file again a claim for nerve damage secondary to my feet since "

Peripheral neuropathy can have many causes but the most prevalent one I see is in veterans with diabetes.

Mayo Clinic supports the fact that it is common to anyone with DMII:

http://www.mayoclinic.com/health/peripheral-neuropathy/DS00131

"you can get PN secondary to any other service connected claim"

never heard that before.

If you have medical evidence or a strong IMO that shows a SC disability you have has caused the PN, then it can be service connected as secondary.

"I have a 0% for the feet"

Is that a NSC or a SC rating?

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