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Va Form 646


halos2
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Never even saw one before and now vet friend will most likely have to file one. Need serious help.( Actually VSO just told vet they filled it out...needs to see it before anything goes cause do not know what to do...) Vet was under assumption claim was staying at local and being reviewed)..Vet was excited having heard from 3rd in charge...

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"Never even saw one before and now vet friend will most likely have to file one. Need serious help.( Actually VSO just told vet they filled it out...needs to see it before anything goes cause do not know what to do..."

A 646 is filed prior to BVA transfer.

Claimants dont fill it out, their reps do.

Sometimes BVA will refer to a 646 , but that is unusual. and Someties the 646 is very strong and compelling to support the claim, and sometimes they are just meaningless rhetoric.

I had one 646 filled out once by my former POA.years ago.

The rep who filled it out had no familiarity with my claim at all. He just stated 'the claimant provided evidence in support of her claim.'

He didnt expand on that evidence at all, and to top it off, my SOC and SSOC revealed the VA never had considered ANY of my evidence ) to include 3 IMOs.)

The 646 sat on this rep's desk for months prior to the transfer. Of course the BVA awarded because they read the evidence that my RO had ignored.

Did the RO ignore ANY probative evidence they had when they denied?

If we knew more maybe we could help......

More evidence can be sent to the BVA, once he gets a Docket Number.

In 2011 my SMC CUE claim was set for BVA transfer,. I jumped for joy because I know the BVA can read.

None of my legal evidence was addressed by my RO,none of it from 2003/2004 (4 CUE claims) set for BVA after 7-8 years at my RO.

Then my Nehmer claim was adjudicated at a different RO handling Nehmer ,and they awarded the CUE claim.( 4 in one CUE award) in mere weeks.

They had read my legal evidence.

Claims can sometimes be staved off from a BVA transfer but that depends on sending lots of probative evidence prior to the transfer and then depending on someone literate enough at VA to read it.

Edited by Berta
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I googled VA Form 646, and on page 26 right after the form 9 page it states; If for some reason, you want the RO to look at the claim again..."the claimant or claimant's representative requests in writing that the agency of original jurisdiction initially review such evidence." Just write this:

If after considering this new evidence in total with all evidence submitted, you cannot grant my claim, my appeal stands." (This gives the RO one more chance to grant the claim...)

How to submit evidence after you've filled the Form 9...confusion (they accepted the info he wrote in a narrative)

But

We don't know how the VA is going to write the "regulations and procedures" for this change...standby...

SSOC If additional evidence was submitted with the Form 9 or the RO makes a 'partial grant', the RO will issue a Supplemental Statement of the case (SSOC).

Continuation-veteran's appeal continues

Partial Grant- veteran wins; if award is satisfactory you've avoided the lengthy BVA process

Note: if the RO 'grants' the claim in full, it will write a NEW DECISION... So can he request this before it going to the BVA?

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Oh My Gosh Berta thank you so much for responding...

I wanted to write that first but was so into this National Association of County Veterans Service Officers info I found on the net..."The Appeal Process" So can he request this prior to sending to BVA?

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Obviously he (the VSO ) could or the claimant could if there is something significant that the RO has overlooked.

Anything sent to RO within the appellate period can alter a decision.Years ago I always advised trying to rebut a negative SOC or SSOC line by line.

But my opinion has changed on that, as VA has sure changed.

But If that is not the case, (something probative they missed) or he has no further new evidence, that VA has not seen yet,it could be a waste of time.

Thanks a lot for that info above in the county VSO info It has been a long time since I have dealt with a 646 issue.

It would be great to get the support of the VSO on requesting this.

"If additional evidence was submitted with the Form 9 or the RO makes a 'partial grant', the RO will issue a Supplemental Statement of the case (SSOC)."

Yes, if they read it. I have sent probative evidence to my VARO multiple times for just about every issue I had.

I guess they are biased against FTCAers.

My awards either came from regional counsel or General Counsel interventions or from other ROs (like the Phila VARO) because my initial decisions were always wrong.and I always supplied them with both legal and medical evidence to rebutt their SOCs.

I got an SSOC once that was a verbatim copy and paste job of the first SOC.

Edited by Berta
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