Question About What Comes Next....

[joeyjoeyb]

I submitted a form 9 to appeal a claim back in July of last year. In the mean time I had some other claims out there waiting on a decision. I received the decision last week. I know that my file cannot be in two places at one time, so the appeal has not gone anywhere until my other issues were decided on. Now that is done, what happens next? Should I let my VSO know that the other issues are done so now my appeal can get moving? Does my file get forwarded to my VSO (it is the DAV by the way) and then things start happening? I know that the appeal was submitted to the BVA on 30 July 2010. Just hoping someone can point me in the right direction.

My VSO told me it was submitted, but I have received nothing from the BVA saying it was received. Ebenefits shows that the statement of case was sent to me and that on 30 July 2010 that the form 9 (substantive form 9 was at the RO level) but does not show a date received by the BVA. I have been told that it was submitted. Does it take that long for the BVA to acknowledge receipt?

[Berta]

You might want to email the BVA ombudsman for a status.

bvaombudsman@va.gov

But I am a little concerned here- by filing the I-9 does not necessarily mean the claim is being transferred to the BVA when you file the I-9.

VA has to prepare a I-8 and then your VSO will prepare a 646 and then a formal transfer will take place at some point but the BVA will send you a letter when this happens.

From July 2010 to now is not really long enough in my opinion for a I-9 to get to the BVA since they just decided some issues you have at the RO level.

Has your VSO prepared the 646 yet?

[joeyjoeyb]

Thanks Berta....no one explained it like that to me. I will contact my VSO and see what the deal is. Just was not sure what was going on.

[Berta]

I hope I didn't misunderstand what you posted:

"I submitted a form 9 to appeal a claim back in July of last year. In the mean time I had some other claims out there waiting on a decision. I received the decision last week"

Was this decision based on totally unrelated issues from the I-9?

Do you have to appeal their recent decision or was it favorable?