Jump to content

Sponsored Ads



  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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
     
  • Advertisemnt

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • 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

  • 0
SamT

Denial of Form 9 because late

Question

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

Ad

  • 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

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
      • 2 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 9 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 9 replies
×

Important Information

{terms] and Guidelines