Appeal I-9 addendum question

[Berta]

Has anyone here ever added an Addendum to their I-9 ,prior to BVA transfer?

I am sure my I-9 is OK with the evidence I have, and the errors in the decision I am appealing but I just found another error in the decision I am appealing.

Also

I mentioned my 1151 HBP claim here a few times, but  didn’t have the dates and they popped up as I went over my most recent VA stuff.:

Filed regular Section 1151 claim on Sept 20,  2012 on a 1998  VA decision.

Denied March 4, 2015.

Awarded April 4, 2015 due to CUE yourself VA claim filed about 3 days after the denial.

I have got to try to get this GREAT tactic into a Fast Letter or something as a new regulation....that all takes time 

But I also have to take off some time from hadit to work on my own I-9 issues.

I can raise the additional error  after I get a docket number....but why wait? And can put it into my Motion to Advance but has anyone here ever filed an I-9 addendum to a timely I-9 which the RO has received?

 

[Buck52]

Ms berta

I believe you can make a copy of your original I-9  and in Block 9 add the Addendum  & submit it for correction or new evidence   either add to or make a correction.

but I'm not sure?? Alex would know   or John Dorley  some one like them.

Edited January 16, 2017 by Buck52

[Berta]

Thanks Buck. In Block 9 I referred them to all of my evidence, to include the OGC Pres Op they ignored.

I have found another CUE in the same decision I am appealing,so will prepare that and file it with my RO,  since I am asking for a Motion to Advance due to the legal nature of the issue , Rule 900,under C, and 901

"Such a motion may be granted only if the case involves interpretation of law of general application affecting other claims" ( one of the conditions for advancement)

 

(Authority: 38 U.S.C. 5121A,7107; Pub. L. 103-446, § 302)[57 FR 4109, Feb. 3, 1992, as amended at 60 FR 51923, Oct. 4, 1995; 61 FR 20453, May 7, 1996; 65 FR 14472, Mar. 17, 2000; 68 FR 53683, Sept. 12, 2003; 79 FR 52984, Sept. 5, 2014]

 § 20.901 - Rule 901. Medical opinions and opinions of the General Counsel,

 

Authority: 38 U.S.C. 7109(a))

"(c) Opinion of the General Counsel. The Board may obtain an opinion from the General Counsel of the Department of Veterans Affairs on legal questions involved in the consideration of an appeal."

 

That is what I want.

Many times I have mentioned here that it is often best to put decisions away and then read them over again, but being watchful of any deadlines.

Today I discovered exactly how the VA overlooked (AGAIN) my evidence in a Nehmer Award I filed CUE on in 2012, the errors are in their 2015 decision.

The I-9 is OK as it stands but I am not taking any chances and will file the CUE to draw them out.

Maybe this will help someone.

The VA sent me a letter saying they were working on both the CUE claim and the 1151 claim and they"enclosed a 5103 waiver."  "a' Waiver, one Waiver.For both claims.

So I not only listed the evidence ,and copied and enclosed again that I had already sent to them for the CUE claim..13 pieces of evidence to show the CUE in one sentence in the long Nehmer award,so they would not be able to ignore it  

but also

I sent them the sole piece of medical evidence they needed for the 1151 claim, and the 1998 decision it stemmed from  and clearly explained all that when  John Wagner from the director's office called me.

It was one waiver (5103) for both claims and he verified every piece of evidence they had that I listed and said both of the claims would proceed.

I made him read back the description of each piece to me, not vice versa so he couldn't say yet it is here but lie about it.

These people are unconscionable incompetents. I didn't not think to even question the one waiver 5103 because the letter said they were working on both claims and they had enclosed 'a' 5103 waiver.I figured the VA was trying to save paper but they might have pulled this on others.

If they are not incompetent, they are slick and used the sole waiver for the HBP 1151 but not for the main CUE claim.....allowing the director to make her ludicrous statements to me by phone and maybe in some of her emails....I have to check those emails.

I had 17 pieces of medical evidence.much from the VA, SSA, VOC REHAB, etc to prove the Permanent and Total status ,sent more than once before, and only used the 13 prime pieces because my printer had broke

and the library printer was broke as well. It should not even have been an issue but the Director made it one.....by making sure they could ignore my evidence with the sole 5103 waiver.

 

That's OK. No wonder the accrued amount was wrong.And it was deliberate.They missed 19 months of 100% P & T accrued and told me I had already been paid.

 

I wonder how many vets or survivors they pull crap like this on.EVERY decision I ever got was wrong.

They fixed them all ,because I fought back, and now I am going to Fix them!

AGAIN

 

 

 

Edited January 16, 2017 by Berta

[mos1833]

you go girl. if you can jab um once for me.i wish i could help others as much as you'ved helped this vet. ( me ) so thank you once more.

[Carl the Engineer]

Watch out, Berta's on the prowl..

I agree, read your ratings when you get them, come up with a plan or not.  Then take a break.  Then after some time, read the rating letter again and look at your evidence you sent in and see if it fits.  And as Berta says, don't forget the deadlines for appeals, etc..

Got my last claim back three months ago.  Should be pulling it out and getting ready for the appeal.  Hopefully the c-file gets here by then,

Good luck Berta,

Hamslice