Form 9 question

[saxman]

Hi all, I perfected my appeal Nov 2015 and on my form 9 I pointed out a regulation that wasn't followed.  Will my appeal still go to the BVA just to be remanded or will the RO correct it?   Thanks for all the help here on Hadit!

Edited August 16, 2016 by saxman

[THOMAS89031]

58 minutes ago, saxman said:

 I perfected my appeal Nov 2016 and on my form 9

Saxman, please re-check the date you put on your "perfected" appeal....  Hope you did not put:  __Nov 2016?

[broncovet]

The RO can "fix" decision errors, up until the time its certified to the BVA.  I even got a favorable RO decision once, while a BVA decision was pending.  The actual decision stated that it was done WITHOUT appealate review.  (huh? It was under appeal at that time.)  

This said, you have gotten 2 RO unfavorable decisions, if you are at the board:  the first one, which you appealed, and an SOC, which you filed the I9 to within 60 days, right?  You did wait till the SOC before you filed the I9, correct? 

[saxman]

Thanks Thomas89031.  it was a typeO!

[saxman]

Yes, broncovet I did wait until I got the SOC and replied to everything that was on the SOC and rebuttal it with Regs. Part of NOD was approved by the DRO and the other parts were still denied and those are the ones I addressed on the form 9.  Thanks guys for the reply.   

[Gastone]

Sax, if you were just starting your appeal, maybe an "Official Request for CUE Review" could take place. If I'm reading you right, your Recent DRO Decision had a couple Denials continued and that is what your appealing to the BVA, right? Did you have a DRO Review or Hearing?

Until your Appeal is certified by your RO and transferred to the BVA, any New & Material Evidence will have to be addressed by the RO Rating Dept. Did you supply any N & M Evidence that was not available to the DRO, at the time of his decision?

 Did you waive the 60 Day Evidence period?

Have you reviewed 2015/16 BVA Decisions  similar to your Denials, how do you stack up? You haven't received a BVA Docket number yet, right? Check out how old the Decision Docket numbers are. Give consideration to trying a different tact.

How about posting a redacted copy of your Denials & SSOC.

Semper Fi

[broncovet]

Saxman

   Alex and I are in agreement, mostly, on a DRO decsision.  DRO's can and do make decisions on claims WHICH DONT RESULT IN HUGE RETRO PAYMENTS.  I got a DRO decision which resulted in over 5 figure retro, but I know for sure the VSCM was on board, and I know WHY she was on board, also.  She was on board not because she was Veteran friendly, but because I had filed a Writ of Mandamus alleging shredding which was a black eye to her career, which she wanted to go away.    You need to remember VARO management is very stingy with government money until/unless it affects THEIR career path.  They want to spend government money in a way which results in the largest promotions and bonuses for them.   This is why there is so much bonus money floating around.  "Oh, I see you approved MY bonus, so Im voting for yours to be approved also."    Nepotisim is alive and well in VA.  

    However, if you are asking this DRO to award you 100% back to 1974, then this is "above his pay grade" and he must deny.   DRO's simply dont have the authority to cut people $500,000 RETRO checks.  This will take a BVA judge, or, more likely a CAVC judge.  

Edited September 16, 2016 by broncovet