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add55p

No Docket Number Assigned To Certified To Bva Claim(Still Pending)

Question

My claim was certifified to BVA for quite some time. On Friday morning the claim status in ebenefits returned to "SUBSTANTVE APPEAL VA FORM 9".

I called the VARO rep. and was told that a C&P exmanination was being scheduled. When I asked the VARO rep. why my claim was no longer certified in ebenefits, he did not know. I asked him if he could provide me the BVA docket number number for my claim and he said that it did not have a docket number.

My understanding is that once the claim is certified, a BVA docket number is assigned and it will be called to the BVA when the number reaches its turn.

The question that I have is as follows: If the claim is again denied after the C&P examine, will the VARO use my Sustantive Appeal date to secure my earlier place in line at BVA? Or will I have to submit a new VA for 9 after the new denial and have to receive a much later date in the BVA line

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Did you file a form 9 in response to the VARO's SOC?

If you did not do this, and the time period expired, then YOUR CLAIM IS NOT GOING TO THE BVA.

Some Vets dont get this. There is not ONE deadline to appeal but TWO.

First you must file a NOD within a year of the RO decision.

Second, you must "perfect" your appeal by filing an I9 response to the VARO's SOC. within 60 days of receipt of the SOC.

If the Veteran fails on either of these deadlines, then the appeal dies.

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Yes I filed a VA form 9. That is how my claim received the Substantive Appeal VA form 9 status.

As I stated, It was certified to BAV and now it is not, nor has the Substantive Appeal been assigned a docket number.

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This would be a good question for your BVA ombudsman.

Most likely, it means that ebenefits is wrong. If it is it is not the first time. Ebenefits, IRIS, and Peggy are all somewhat less than reliable.

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This is the main BVA phone number:

1- 202- 565- 5436

Also this is the email for the BVA ombudsman:

bva.ombudsman@va.gov

I dont understand something here..

A C & P can result from a BVA remand (but you would have gotten a letter on that if a BVA remand happened)

or a C & P is for something claimed at the RO level , that has nothing to do with a claimed issue at the BVA.

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Berta

Each time I have contact the BVA, they tell me that they have no record and that I should contact the VARO.

I am very sure that my VA form 9 was processed and was in "Certifed to BVA" status at one point.

The BVA never had knowledge of my claim despite it being Certified.

The C&P has been conducted and sent back to the VARO and I am just waiting now for the decision.

Thank you..

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