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AM2 4MAN

Question

After electing to go the DRO way, earlier this year,today I got the piece of mail from the VA. After reading through the statementof case, it said that 2 of my ratings were being increased to 10% each and theother will stay at 0% effective Jan,2009

The packet of papers came with a VA form 9 at the back.

Now on the front it says under the What You Will Need To do- To complete your appeal,you must file a formal appeal. Does that mean that I need to fill out form 9with everything I stated in my NOD? I am happy with one of the three decisionsthat is stated in my statement of case that I received today, but I havemedical evidence that my symptoms are worse and getting worse on the other two.

My next question is regarding the pay; it says in the statement of case thatthe increases will be effective Jan 2009. I had one decision rating at 10% frombefore that I did not appeal. So now I will have 3 ratings at 10%. How does theVA determine the total disability pay for this? Will my rating still be 10% orwill increase? And if so will I get back pay to Jan 09?

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  • HadIt.com Elder

In my opiniuon the Form 9 is the most important paperwork you need to fill out and get to the VARO on time. I don't think unless things are changed that it has to be in before 1 year from date of notice. But if you plan to appeal the sooner the better.

Good Luck

If I am wrong about 1 year please someone tell me.

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Actually its 60 days from date SOC was mailed to you....or....1 year of decision denying your claim, whichever is later. Like Pete said, the sooner the better.

Edited by cooter
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  • HadIt.com Elder

Thanks Cooter for clearing that up. Does that mean if you are denied on Jan 1 that you have 1 year or if SOC is given on June 1 that your deadline is now changed to August 1.

Looks pretty sneaky to me.

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Thanks Cooter for clearing that up. Does that mean if you are denied on Jan 1 that you have 1 year or if SOC is given on June 1 that your deadline is now changed to August 1.

Looks pretty sneaky to me.

According to " which is later" it would be the 1 year from the denial letter.

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I'm going to look into this some more, cause it doesn't actually say the exact meaning of "later". Are they talking about time wise, 60 days or one year, or are they talking about the date of the SOC. versus the date of denial.

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