Anyone have their I-9 questioned this way?

[Berta]

I filed a timely I-9  "within one year of the date that they mailed you the original decision denying your claim, " as it appears on page 6 of the BVA Appeals pamphlet.

The VA IRIS just told me they closed my claim last December....... a little over 60 days after the decision came here.

The BVA Appeals and established VA case law states clearly:

"Your local VA office must get your VA form I-9 within 60 days of the date that they mailed you your SOC, OR

within one year of the date that they mailed you the original decision denying your claim, whichever is later."

I am not too concerned because their CUEs in the decision are not resolved but am I going nuts or has the VA suddenly changed the one year I-9 Appeal period if one does not respond within the 60 day period?

 

[flores97]

Way to go,  Mrs Berta,  that looks excellent! I am positive that it will get the Secretaries immediate attention! I would send it to him today,  actually,  before he gets confirmed,  as he will probably have more time to work on it.  I am certain that he did take action on the email I sent,  after receiving the call from my RO.  I honestly don't know how you've done it,  fighting to receive what's rightfully yours for so long,  but I admire your dedication and I know that you will win! 

[C141Mech]

Berta, I am so sorry for what you are having to go through. I wish I could help. This treatment of you is shameful. It looks like you are being very thorough. The only base I do not see covered is your local congressman and senator might that help? Please forgive me if you already tried that.

Best of luck on this, you and all our vets and their families deserve better,

Annie

Edited January 27, 2017 by C141Mech

[Berta]

Thank you. This snafu made my Motion to Advance on BVA docket even easier.

I had it almost finished 2 weeks ago but have many Church situations I am involved in and didnt sent the Motion in yet.

Vets you do Not have to be 75 years old or catastrophically disabled get a MTA granted.

Survivors of vets can get a Motion to Advance as well

My neighbor was looking at my post on those regs here but I dont have time to find them.

If your situation falls under 20.900 Rule 900 (38 CFR )

due to "administrative error resulting in a significant  delay in docketing the case" or "interpretation of law" as explained in the regulation, 

you can request this type of Advancement on the docket .

I was going for the 'interpretation of law' criteria first ( due to OGC Pres Op 08-97)

but then VA made it EASY  for me ( due to the I-9 snafu) to add my evidence for "administrative error resulting in a significant  delay in docketing the case" .too!  38 CFR, 20.900-Rule 900 under (C) (1)

 The only evidence I need for that is the IRIS response I got the other day and a copy of Page 6 from the BVA Appeals Pamphlet and the back of the I-9 form.

 

 

[MikeHunt]

Pension sucks.

I assure you, if you walked into the Pension Office and asked what you just did no one would be able to (honestly) answer you because Pension is so confusing. No doubt they'd give you some BS answer to get you off their back. If there is a comp rater on here, I'd bet they probably don't know what they're doing for comp, letalone pension- No offense.

The VA is extremely frustrating, everybody says they know what they're doing, but none actually does- unless it's a way to game the system for their own benefit.

Whether you're posting about Pension issues, or on a home improvement forum, a rule of thumb is to be concise. Sometimes it helps to draw an outline of the issue, then go through your writing and discard what isn't covered under the outline.

If you're communicating with the VA the same way you're posting here, there's some that isn't germane to what you're trying to get answered.

Being concise is something I have issues with- I struggle constantly- I also tend to include things that could- well, 'p.o.' the reader- and that's the last thing I need to do. I also don't like hearing that what i wrote could be improved!!!!

Less is more, Mike, less is more.