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.

[broncovet]

Thanks,Alex, for correcting me on the SSOC. Actually, the last 2 paragraphs of my above post is from the hadit website, authored by "Vike 17" who purports to be a DRO and "in the know". I recommend, highly, to accomplish SSOC within the 30 days, and not the 60 days as Vike said.

For resaons that only the VARO knows, I have recieved at least 2 SSOC's, and will be receiving a third at some point. The first 2 I did not rebut timely, but probably should have. I guess my silence on them is telling them I concur with the SSOC, but this is inaccurate. Mostly, tho, I object to the SSOC's not for what they contain, but what they do not contain, especially adjutication of unadjuticated issues. Me tinks I can object to unadjuticiated issues in which ever SSOC, the first, second, or even 81st, SSOC.

Since my BVA decision was a remand, this means I can resubmit new evidence and it will be accepted. Its unclear whether I can submit new evidence on all issues or just the remanded issues.

Part of that is because the VA has multiple definitions for the term "claim". It can be a "single issue claim, it can be a multiple issue claim, or it apparently can encompass a "stand alone claim" since their is no "stand alone claim" for an EED, it would have to be an appeal. The VA uses the term "claim" and interprets its definition in the manner most favorable to their agenda.

Edited June 11, 2015 by broncovet

[Fat]

Two terms have me baffled: Asknod spoke about waiver of review and Berta spoke about a 646.

How (what form) and why do I file them with the Form 9 ????

[FormerMember]

Fat

A waiver of review (in the first instance) is a document you file to prevent VA ping pong with your appeal. Used to be that if you went off to BVAland and they discovered a problem, you entered the Remand zone and it took a year round trip to get fixed and returned to the BVA for a decision. Occasionally this happened several times and the decision times were elongated to years and years. In 2013, they passed a de facto regulation to curb this and a waiver of review now is an accepted practice in all but the most egregious cases. We still recommend it be filed to erase any doubt.

A VA 21-646 is a VSO form that basically says the service representative you gave your POA to has read the file, the review etc. and gives his blessing for it to be sent to DC. Considering they really don't know what they are doing, it is immaterial. Unfortunately, without it, you claim will sit in the "not ready for primetime box" until it is signed. Sometimes they forget and it sits there for months.

BV

As for "Vike", I only have one thing to say. VA law (and regulations) are immutable as a stone wall. 20.302(c ) is a regulation applicable to VAROs but is contained in Part 20-among the regulations affecting the Board and general appeals info. It hasn't changed in decades so it's difficult to understand how a very educated DRO could make such a horrendous mistake consciously. Obviously, the sixty day limit screamed at me when I saw it. That, alone, could damage untold Veterans claims had they depended on it.

Edited June 16, 2015 by asknod

[Berta]

Guys, although Vike and I butted heads a few times here----the SSOC response time used to be 60 days,,,then VA put into the register that they were changing that to 30 days response time...he could have been right when he said 60 days...maybe 3-4 years ago???.

Hardly any vets protested in the comment part of the Federal register on the 60 to 30 days SSOC response rule proposal and it became law of the land.

I responded with a few points, such as if a vet needs an IMO based on what the SSOC said , how could he./she possibly obtain the IMO within 30 days?

Also a vet without a POA who tries to find a good vet rep,after getting a SSOC , isnt going probably to be able to do that ,in 30 days...Heck some reps make the first appt over a month away from when a vet calls them...

[Berta]

Here is the skinny on that in 2009 that I posted;;;

Cripes I was the only commentator.

.I guess I got that mixed up with other Fed Regs they propose, where there were only a few vets commenting....

At least some vets here did comment against the 2010 PTSD regs, as to the VA MH diagnosis.

Some vets, from hadit, me ,a few VSOs ,so,e VBNers I think, and some lawyers..and others who probably were vets.

About 600 I think, but not enough....

[Fat]

Thanks..........