Substantive Appeal Form 9

[wadedenney]

Does anyone have what is consider a very strong example of a Form 9, that could be used as a guide?

[carlie]

Does anyone have what is consider a very strong example of a Form 9, that could be used as a guide?

Just fill it out (and sign) in full detail as per the instructions and COMPLETELY.

Be sure to put the date of the decision you are appealing

and the issues you are appealing from that decision.

http://www.va.gov/vaforms/va/pdf/VA9.pdf

[Berta]

I popped up my appeal (I-9) for my SMC CUE claim claim.

NVLSP always suggest to stick this part into an appeal.

I cut this statement they suggest out of my OfficeOrg doc and taped into the area about BVA hearings and stuff so it would fit.

“I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter might could make in deciding this appeal. This includes all legal errors, all factual errors, failure to follow M21-1,all due process errors and any failures to discharge the duty to assist as violation of basic VA laws and regulations within 38 USCS and 38 CFR.”

Then I taped this part into the question as to why I think the decision was wrong near the bottom of the first I-9 Page.

“None of my legal evidence, to include the VACO Medical Report of 1997, General Counsel Precedent Opinion. Op # 30-97 , 4 BVA citations regarding interpretation of legal standing of Section 1151 and SMC, a letter from CHAMPVA,and M21-1 Part IV March 18,2003 Change date Erratum under 3.09 and 3.10 ,and a quote from NVLSP’s VBM 2007 edition page 543 re: 38 USC 5121 and 38 CFR 3.100(a) –all as listed and contained with my DRO request form dated September 12^th 2007 for these 2 CUE claims, were acknowledged by the VA.

Instead the DRO, Ms. XXXX XXXXXX used the evidence that I submitted solely for my Agent Orange death claim to include my 2 IMOs from Dr. Craig C. Bash even though the BVA received and remanded this Agent Orange claim and it’s specific evidence and the IMOs back to the RO in September 2006 where it remains, with my medical evidence still unacknowledged and unread as of this date regarding that specific claim filed in February 2003.

I have yet to receive a legal VCAA letter on that claim and have had no response on this specific claim since the September 2006 remand from the BVA.

(My note here ...that 2003 claim was awarded by BVA in 2009)

My June 2004 De Novo request was for the CUE claim that I had filed on July 14,2004 regarding lack of SMC consideration and accrued award. My Sept 17^th 2004 CUE claim regarded the lack of any diagnostic code or rating on the veteran’s significant Section 1151 fatal heart disease.

The veteran’s fatal heart disease is a medical fact established by the VACO in 1997.Dr. Craig C. Bash’s IMos have nothing to do with this established medical fact.They are in support of the initial, and still pending Agent Orange death claim I filed in early 2003.”

I then referred them to a separate page , citing the SMC mandate they also committed CUE with, and I enclosed a copy of a page from the VBM from NVLSP as proof that the mandate of SMC is required in all cases that warrant SMC consideration, and then I listed the legal evidence I had sent for my SMC CUE claim. I also included copies of it all again.

I believe the NOD,as the first avenuie of attack, should basically tell them why they are wrong and include evidence as to why.

If it gets to the point of filing a I-9 I feel that should contain a strong statement right from the beginning sentence of the appeal. To tell them why they are wrong. And enclose an evidence list as well.

I dont know where my other I-9 is..... this above is for a CUE claim, but it made the same point....as to why they were wrong.

The above I-9 was set for transfer to the BVA but then another circumstance occurred and the Nehmer Phila people awarded it along with my AO IhD death claim.

Since it was a CUE claim, I also included proof of the established SC conditions.

In that respect it is different from a regular appeal that usually rests on medical evidence.

Next to the NOD, an I-9 is the most important document a veteran needs to file.

I use Office Org for all of this VA stuff, so that I can edit it,after putting it down for a day or two.

I got tangential on the CUE claim I-9 griping about my other claim. But I didnt take that part out because I was very poed about the VCAA violation.I just love stating errors my RO makes to the BVA.

When the BVA got that specific claim (AO DMII)(as they never saw the CUE claim and this I-9 at all) they took note of the VCAA violation but considered it non prejudicaial because my evidence outweighed the legal error VA had committed in that case.

Take your time on the I-9.

Make sure the strongest argument is stated on page one....and refer them to more pages as needed.

Outline the claim with a timeline if it will help you stay focused.

And don't do what I did , Stay focused solely on the appealed issue.

If you need an IMO, this is the time to get one.

Once the appeal is docketed by the BVA (they will send you a letter) I suggest sending any further evidence directly to the BVA under the docket number.

Their ombudsman ( contact info here and at the BVA web site) will be able to verify they have received any additional evidence.

The SOC or SSOC and the C & P results are a guideline.

Raise an argument with anything that is incorrect in those documents.

But before doing any of this check the Evidence list in their last decision. If they missed probative evidence tell the BVA right away,on page one of the appeal form.

I think the I-9 for my DMII AO death claim is here at hadit somewhere too.

[wadedenney]

Thanks Carlie and Berta, for your always fast responce.

Fyi Berta I am still waiting on the DRO review and statement of Case to be handled in Winston-Salem.

Just preparing for what is to come next. However I did send copies of 3 IMO from Dr B and copies of a BDQ from my Dr that were not considered, but were part of the record before the final closing of the claim, from 09/2010, they handle my claim 2 at a time taking 2.5 years enstead of all at once. Just hoping that I get a good DRO and this comes to an end finally, if Not!! On ward and up ward.

Bless you Ladies

Never Quit!

Thanks Wade

[Berta]

That is great that you had that evidence Wade.

Lets hope the DRO does the right thing and lets hope EVERYONE here takes your advise to NEVER QUIT!!!!!!!

[carlie]

Which did you request ?

A RO De Novo Review or a DRO Hearing ?

If a DRO Hearing, have they scheduled a Hearing date yet ?

[wadedenney]

Carlie, I choose a De Novo review, it worked fast last time, a bit slower this time but hope it still work. If not going straight to Washington for in person, luckly it only about 4 hr drive. Got plenty of solid Medical evidence both secondary and presumtive, just got to get someone to read It!!!

Thanks Wade