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Appeals

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paluka44

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  • HadIt.com Elder

Welcome to Hadit. You can send it and informally appeal right away but I would not wait very long to send the Form 9

Good Luck

Veterans deserve real choice for their health care.

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  • Moderator

Dont wait. You wont be getting a form 9 back from the VA until AFTER you timely file a Notice of Disagreement, and until the VA sends you a SOC.

Appeals have TWO deadlines for Veterans, Zero deadlines for the VA.

1. The Veteran must file a NOD within one year of the RO decision.

2. The Veteran must file his form 9 within 60 days of receipt of the VA's SOC.

The VA justifies this "2 deadline requirement" because some disputes are resolved on the DRO level and do not need to proceed to the BVA. Thus, many Veterans elect a DRO review when they file their NOD, and the appeal will NOT proceed to the BVA unless the form 9 is completed and returned by the Veteran to the RO. Your VSO or attorney should help you with the form 9, if you have one.

But, make no mistakes. The VA gathers up every appeal not timely filed and denies them all in one fell swoop. Your appeal is dead in the water unless it it timely appealed. Only a "Cue" or "N and M evidence" can revive it.

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The form 9 is like Windows, "Are you sure you want to do this?"

The VA, like the computer, waits for you to say, "Yes, I am certain that I am frustrated with the VA's denial of my benefits and want to proceed with the appeal"

If you have done a thorough job with your NOD, stating all the reasons why you want to appeal, then the form 9 will almost be a duplicate, just on a different form.

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