Expert Help Needed: Statement Of Case And Form 9

[Fat]

I need some expert help.

After you receive the Statement of Case and you prepare to file the Form 9, what specific language should you use to ensure the claim goes directly to the BVA.

I know you should "refute" the statement of case reasons for denial.

Also, don't send any additional "evidence" with the Form 9 because the regional office has to redevelop the claim and produce an Supplemental Statement of Case.

That will probably bog your claim down another 1-3 years.

Specifically what language needs to be included in the Form 9 to get it quickly to the BVA with a docket number.

[Fat]

Great information on this topic.

Working on the Form 9.

Refuting every inaccurate detail in the SOC.

Getting ready for the VBA ride.

PS- Also will be contacting VSO to ensure he files form 21-646.

"NEVER GIVE UP"

[carlie]

Going to BVA I would surely submit any and all new / additional evidence

I had available as long as it was not merely cumulative and it was both credible and probable,

and was supportive of an issue under appeal.

I would be most sure to list this evidence itemized on a VARO Waiver Of Consideration,

and submit it to BVA.

jmho

[Fat]

Thanks Carlie.............

[Fat]

Appeals

1. File form 9 and rebute SOC non facts

a. Additional information will have to be developed and produce a SSOC

b. Form 9 starts process of sending issue to BVA.

2. Send a waiver of regional office consideration.

a. If you are confident in your evidence, this allows BVA to rule on case.

This is appropriate when Local Regional Office doesn't read evidence or sends same denials to BVA after BVA asked issue to be remanded.

3. VSO should send 646.

a. Form 646 is legal form stating VSO has reviewed information but is also necessary to get appeal certified.

Edited June 16, 2015 by Fat

[Fat]

Does the VSO send the Form 646 with Form 9 or wait until regional office sends a request for the 646?

[FormerMember]

Something all of you should realize. Once you submit a VA 9, that is the substantive appeal. Period. No more VARO decisions. If you do submit N&ME with it, it will not provoke a de novo review. VA will merely acknowledge you sent it and send you the SSOC as a formality relisting all the same reasons you are not going to be receiving a retro check from them. A SSOC is a continuing denial of a decision after a SOC that you rebut. Once the VA 9 is filed, this completes the requirements for the substantive appeal and prepares the claim for appeal and the move to 810 Vermin Ave. NW. If you are repped by a VSO, the 646 is merely a "I read it and it's good to go." from the representative. Any N&ME you submit will supposedly be sent to DC but I prefer to send it myself just in case Murphy's law and VA shredders get the best of it.

I rebutted my SOC last October regarding a claim and got the SSOC back. I sent in the VA 9 immediately after. I filed my Writ in January and suddenly, in 45 days, the Seattle VA, with no N&ME, reversed their decision and granted my CUE. This is the only time I've ever seen a change in heart after a VA 9 filing and incidentally the only CUE I've ever won. Secretary Bob blew me off so the Writ was the last resort. VA is slowly changing but it will be years before they have all the bugs out of this system. Unfortunately, it seems they just keep introducing more daily.