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]

Alex

Since we are on the topic of SOC's and SSOC's, do we need to file an I9 to EACH SSOC? (Or would we want to to rebut the SSOC, if we dispute the SSOC?)

Also if we get SSOC "A" on April 19, 2015, and SSOC "B" on June 10, 2015, can we still rebut SSOC "A", especially when SSOC "A"failed to identify all your issues, or does the 30 day clock start over with each new SSOC?

[Pete53]

Pete, for years I would have advised the same. With the current choke point at the BVA extending out further and further, however, getting it done at the local level is almost paramount unless you have a house in Rome and time to burn. The SSOC poker game is a fine wire to walk. You have to have nerves of steel to do it and ice water in your veins to keep on filing SSOC rebuttals. Avoiding that two year trip (or more) to DC is infinitely preferable than watching it grow cobwebs at the VARO waiting for a VA 8 and transmittal. Remember, the moment you file the 9, it's put on ice for the BVA. To me, this SSOC rebuttal game is high stakes DRO poker without a DRO review. Keep in mind, none but the highest and most knowledgeable raters (read DRO) will be involved in the ratings so it is tantamount to a review.

Vets are going to have to relearn how to do this to play keep away from the BVA. It can be won in most cases at the RO level but keeping it there long enough to get eyes on the pertinent and definitive evidence is the problem. You've watched this dog and pony show for as long or longer than me and must see that we need a new way to skin a cat, Rebutting this SOC/SSOC game is going to be like having to hang ten on a surfboard. You have to keep looking over your shoulder at the breaking edge of the wave. Fortunately, you have 30 days instead of 3 seconds. I don't know that I'd trust a VSO with it. Like we used to say about M-26s--there ain't no 1004.

Asknod

I agree with your thinking on this one. Thanks for taking the time to wise me up.

[FormerMember]

Loyal, if SSOC "A" deals with a different subject than SSOC "B", yes indeed you would file separate VA 9s. If there are separate claims in a filing and VA announces a SOC or SSOC dealing with only one facet of a NOD, you have to deal with it in isolation. If you get two separate SOCs or SSOCs dealing with disparate claims filed simultaneously, you still have to address each one and treat it individually.

VA separated my claim for Porphyria from Hepatitis in 1994 and try as I might, I could not get them to conjoin them again until I filed the Writ 21 years later.. Granted, I filed them as an either/or proposition that it was due to AO or the hepatitis, but they artfully disconnected them and they became two separate claims. This enabled them to eviscerate them individually on a presumptive basis and utterly ignore the direct one. They do this all the time. You file for DM 2 secondary to hepatitis. They deny it and say you weren't in Vietnam but never adjudicate the direct claim that it was caused by hep. They often deny a secondary before they rule on the primary. Their excuse book is pretty skinny on ideas for denials so they have to be on their toes all the time or we might figure this out.