Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    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 ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0

Denial of Form 9 because late


My Form 9 was denied because it was 20 days late, but they did get it. 

Is their anything I can do to preserve my appeal.

I have sent in a NOD against their statement of the case AFTER the form 9 was denied.


Share this post

Link to post
Share on other sites

4 answers to this question

Recommended Posts

  • 0

Its Rough, but not impossible.    Some questions I have:

1.   Do you have a certified receipt of mailing the form 9?  What is that date?  What is the date of the decision SOC?  

2.   Did you submit any "new and material evidence" in your appeal?  This is super important, as submitting new evidence means VA has to file an SSOC (Supplemental SOC).  This keeps your appeal "live" for at least another 60 days.  If they FAILED to file an applicable SSOC, then that is error on their part.  

Consider taking your file to an attorney (VA experienced) and ask him to review it to see if he can get past this late filing.  There are some issues which may "toll" the date which are too complex for me to provide here, but at least one of these is if you have a mental disorder.  


If all this fails, then you can look to filing a CUE, there is no time limit on filing CUE errors, but the standard of review is heightened (made worse for Vets) with CUE.  


Share this post

Link to post
Share on other sites


  • 0

Also, where did you mail the form 9 to?  VA has a habit, when the VEt mails the form 9 to the wrong place, such as the VARO, of sitting on it until the appeal period has passed instead of forwarding it to the correct address.  An attorney may be able to "fix" this for you.  

Share this post

Link to post
Share on other sites
  • 0

This is one of those VA Appeal Technical questions that could use an AskNOD's opinion.

I can't say I recall seeing another Vet's post here on Hadit regarding the Late Filing of the 9.

As I recall, if you don't file the 9, you still have the remainder of the original 12 Months from the Denied Issues Decision Date to perfect your appeal, even if you missed the 60 Day I9 file by Date.

Chances are, that's not you, right? When was your 1 Year File by Date originally set to expire?

How did you come to miss the I9 File Date? Were you Flying Solo on this appeal, no VSO POA Rep?

Semper Fi

Share this post

Link to post
Share on other sites
  • 0

Just put an eyeball on the M21 - 1MR Part I Chapter 5 Sect E. see Sec 23 B. Regarding a  "Not Timely Filed Substantive Appeal I 9 Form."

It appears that even (1) day late could be grounds for RO Rating Dept Closing out a Vet's appeal, let alone 20 days late. The Reg states the Rater "MAY" close the VACOLS Record and notify the Appelant (You) and your Rep that due to not receiving the I 9, the Decision has become Final. A VA form 4107 explaining your rights to Appeal this adverse Decision has to be mailed to you and your Rep. Did you receive the 4107, have you or your Rep Filed a NOD regarding the closing of your Appeal.

Semper Fi

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 

Important Information

{terms] and Guidelines