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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Berta

Odd question

Question

My heater man is a vet and asked me where he needs to send his I-9. He deals with Buffalo like I do and does not want DRO review etc.

I am 99% sure he needs to mail it to the Buffalo VARO with proof of mailing and I dont think ebenefits can accept an I-9 appeal on line.

But I feel better checking with you guys. VA makes me even doubt what I think I know sometimes.

I also believe he does Not need to waive further RO consideration formally. I gave him our web site info and he said he would join.

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4 answers to this question

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Berta, I am assuming that he has already filed the required NOD, but wants to skip the DRO appeal process. The following is from the VA website:

APPEAL: Step 3

v

If you disagree with the Statement of the Case and would like to appeal to the Board of

Veterans’ Appeals, file a Substantive Appeal. At this time, you can also choose whether you want an optional hearing before a Veterans Law Judge.

v

WHEN DO I FILE?

You have one year from the date of the letter notifying you of the original

decision on your claim or 60 days from the date of the letter accompanying the Statement of the Case, whichever provides you with more time

.

v

WHAT DO I FILE?

The Substantive Appeal is filed on VA Form 9, available at

http://www.va.gov/vaforms/va/pdf/VA9.pdf

.

v

WHERE

DO I FILE?

Follow the instruction:

 

If   you wish to continue your appeal, you must complete and submit the VA Form 9 within 60 days of the mailing of the Statement of the Case, or within one year from the date the VA mailed its decision, whichever is later. Send your VA Form 9 to the local VA office handling your case; the office will file this and all related information in a claims folder, and will eventually forward it to the Board of Veterans Appeals for review.

 

I would suggest that  he call the local VARO at Buffalo to get the appeal moved forward. Please note the time limit.

Vern2

 

 

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Thanks-he is still within one year from the date of the decision but does have to move on this fast...that year can pass by quickly.

He has no POA so there will be no 646 hold up.

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  • 0

To make sure, I sent my I9 to BOTH the VARO and the "Evidence Intake Center", since an I9 isnt "evidence" per se, but I wanted to send it there anyway, just in case VARO "cant find" it.  

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  • 0

I know the feeling.....I think I sent my DMII AO I-9 both to my RO and to the BVA years ago..

I called the BVA just to triple check yesterday after I posted the question and of course you guys are correct.

I asked the BVA man however another question- is there still a BVA Ombudsman contact person...and he said NO.

That is unfortunate because the ombudsman years ago  gave me verification after the DMII AO claim was transferred to the BVA,that they had it from the RO, as well as a 'quess-timate' of how long it might take.

 

 

 

 

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