Form 9- no clue who sent it

[vlobo]

I went to a hearing with a DRO back in June and I got my decision about three weeks ago (they denied me again). Nothing ever changed in eBenefits until yesterday. Yesterday the status changed to "Appeal Pending - Statement of the Case (SOC)" and a new description of "VA has received your Form 9 and will begin completing final actions regarding your appeal before it is sent to the Board of Veterans’ Appeals." I had no idea what a form 9 was until i Googled it. I never sent in such form; I actually put the SOC aside and planned on taking it to my doctor so he could review their decision (private doctor, it's his medical opinion they did not agree with). Would the Texas Veterans Commission have sent in the Form 9 on their own or is it pretty standard for an appeal to be automatically sent to the BVA after a hearing with the DRO. I'm a bit confused as to what I am supposed to do next. Thanks in advance! 

Edited March 25, 2017 by vlobo
forgot to add that the appeal was denied

[john999]

I think sometimes VSO's will take it upon themselves to send in a Form 9.   I don't like it because if you got a new IMO and then submitted it and asked for a personal hearing the VA has to give it to you.

I have done this before after a DRO denial.  Once that claim goes to the BVA you won't see it again for 3-5 years.    There is no automatic appeal to the BVA that I know about since I went a few years ago.

There are no automatic appeals because the VA always hopes you will just drop it.  There is no automatic NOD, DRO, BVA or Court appeal.  Many thousands of vets lose millions of bucks at large due to not

filing the most basic NOD.  Now you have to use a form which makes it even more difficult for illiterate vets to help themselves.  When I was working with recruits back in the 70's at least one in three was

functionally illiterate and could barely sign their names.  Maybe appeals should be automatic but I am sure they are not.  You could die waiting for a BVA Hearing.

[flores97]

Vlobo, I believe that the statement showing on your ebenefits might just be a standard response,  as I was recently awarded 100%p&t on a NOD I submitted.  I had the exact same statement show up and was very concerned because I felt the decision was fair and went back far enough on EED.  When I called the 1-800 number I was told that although Ebennies said they received a form 9, they had not and I had 60 days to submit one if I wanted.  So you definitely need to submit your appeal as soon as possible, with a new IMO if at all possible,  good luck to you

[broncovet]

It may be a good idea to find out who is representing you.  Its been my experience that you have a local VSO who is (supposed) to be there to help you file forms BUT when your claim reaches the BVA you are assigned a NATIONAL VSO, who has more experience and expertise in hearings and the BVA.  

A national VSO normally files a "brief" in your behalf.  

Generally, as Alex explained, your VSO usually argues that you should get the "benefit of the doubt".  Of course, national VSO's are like everything else..some are very competent and good, and some, well not so much.  

This is one of the reasons I like attorney representation...I will KNOW who is filing the I9, who is doing the hearing, and who will file the brief.  With an attorney its one "you" select.  Not so with a National VSO.  You get the next one on the list who is not the busiest with other appeals.  

I found out, the hard way, its not a good idea to hire the VSO who has the least backlog and can see you the fastest.  Why?

Well, WHY does that VSO have an "opening" when many of the busy VSO's do not have "openings"? 

Usually, there are 2 possible resons:

1.  This is a rookie VSO, with no clients, or few clients.  Do you want to be a guinea pig for a VSO to learn?  

2.  This is a VSO with a rather poor reputation, and other VEts have shied away.  

When you pick a resteraunt, do you pick the one with no one else inside??  

My dad always used to say, if you are looking for a great resteraunt, go to the one with the longest waiting line.  

It makes sense, to me.  

I made the mistake of picking the VSO who could "see me first", and did not get a good result.  

It may not be a good time to change VSO's, but you should at least find the one who is representing you and ask him for a "status" of your appeal.  

I have explained before, that professional representation (that is, an attorney) does NOT ALWAYS cost you more than a non attorney VSO.  The reason is that an attorney can/often does get EAJA to pay your fees, so it may not cost you anything, especially at the CAVC level.  

My attorney charges 20 percent of the retro, but, she already won a remand and got paid 6000 dollars by EAJA. This means I wont ever have to pay this 6000 dollar attorney fee.  Since she charges 20 percent of the retro, this means unless my retro exceeds 30,000 dollars, I wont pay a cent of attorney fees.  Here is how this works:

Retro example:  35,000

Lawyer fee 20%.  35,000 times 20% is $7000.  

However, eaja already paid                   6000

So my attorney fees in this example will be 1000 dollars.  The attorny can NOT collect from EAJA And from you also.  They can only collect retro on the difference, as I explained above.  

Edited March 26, 2017 by broncovet

[vlobo]

Just a quick update. I did as you all recommended and called the VA 800 number. They told me there is no Form 9 on file and eBenefits is just reporting it wrong. I still have time to get more documentation then. Thanks All! 

[topher8313]

I have learned a lot from this site thanks to all who reply. I have a few questions though. In May 2016 i was awarded 70% rating for ptsd and mdd, 10% for tinnitus. I get paid at 70% rating. In Dec. 2016 i filed an appeal for increase and tdiu. In may of 2017 i attempted suicide twice and was committed to the VA for a week each time. At that time i had to resign for medical reasons as the va doc said i needed to take some time off.  Now March 2017 last week seven days ago, my appeal moved form NOD to SOC, a day later it showed my form 9 has been received although i have filed my form 9 yet as i have not even received my SOC yet. Now , all at the same time a new claim was opened not by myself or my lawyer but by the VA a new claim was opened for TDIU (increase) and it also states PTSD (REOPEN). So why would the VA open a new claim after sending my SOC? And could it have anything to do with a partial grant ? Any thoughts on this would help. The New claim has just moved from review to gathering of evidence and asking for a form from my last employer, i still have not got the SOC in the mail yet, Please respond. Thanks.