I9 Now 30 Days?

[broncovet]

Most of you know Veterans must meet 2 deadlines for an appeal:

1. You must file a Nod within 1 year of decision

2. You must file the I9 within 30 days of the SOC or SSOC.

I had almost "blown" it. You see, even my SSOC said it was 60 days, but, as Alex Graham (Ask nod) pointed out, it has been changed to 30 days.

Of course, I dont know what happens when the VA sends you a notice that says "60 days" then they deny you for not getting it done in 30 days. There may be an effective date for the 30 days, and the VA may have to change their notices to reflect that, first. Im not taking any chances because one of the VA's favorite things to do is to hire someone with a rubber stamp that says, "Claim denied as Nod was not timely filed" OR, "Claim denied as the I9 was not timely filed."

Those are no brainers, but a tragedy for Vets. I never did figure out how the VA can get away with sitting on my 2012 Board Remand for 3 years, when "expiditious treatment" is required. I find it interesting that VA gets to define "expitious treatment" in a way pleasing to them, but strictly enforces each of our deadlines, to the fullest extent the law will allow.

The reason I bring this up is so that other Vets dont make the same mistake I almost made. Get your I9 filed in time (30 days).

Is this the same "non adversarial" claimant friendly VA that VA talks about?

Edited July 12, 2015 by broncovet

[toddt]

According to the latest 38 Code of Federal Regulations Part 20 Subpart D §20.302 Latest update as of July 9, 2015 you still have 60 days from the date of the Statement of Case (SOC) or 1 year from the time you filed your claim. However, you have only 30 days from the Supplemental Statement of Case (SSOC).

http://www.ecfr.gov/cgi-bin/text-idx?SID=69b572170cddbf9e18ab028ebebf2679&mc=true&node=se38.2.20_1302&rgn=div8

[Chuck75]

This issue is one of my chief complaints concerning the VA. It's only fair to impose strict limits on the VA, since they and the regs/law impose them on veterans.

[Fat]

_{NEVER GIVE UP}

[Buck52]

To be sure.

When sending your timely NOD or SOC,SOCS OR with any timed Appeal.

When you get there letter saying you have 30 days 60 days or one year which ever the case maybe Be sure and to attach copy of that particular VA's letter with your Appeal. (I have attach VA letter**** showing my appeal is in the correct timely return of appeal.)

just so there is no discretions in the Dates.

jmo

...............Buck

[broncovet]

Thank you toddt. On the "instructions" which came with my SSOC dated June 10, 2015, it says:

"How Long Do I have to Complete this form and file it? Under current law, there are 3 different ways to calculate how much time you have to compe and file this form (I9). The one that applies to you is the one that gives you the most time

a. You have one year from the day your local VA office mailed you the NOD you are appealing.

b. You have 60 days from the day that your local VA office mailed you the SOC.

c. Your local Va office may have sent you an update to the SOC, Called a SSOC. If that SSOC was provided to you in response to the evidence you or your representative submitted within the one year period described in paragraph 4(a) of these instructions, above and if you have not already filed this form, then you have at least 60 days from the time your local VA office mailed you the SSOC to file even though the one year period has already expired."

end of I 9 quote.

It sounds like this says 60 days to me. ISNT IT JUST LIKE VA TO CONFUSE THIS ISSUE AND THEN DENY VETS FOR FILING IT TOO LATE??