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tanya239

Appeal & new evidence sent to RO

Question

Hello I filed for IU in 2014 and it was denied I received the SOC which stated they denied me due to form 21-8940 and the examiner stated my condition had gotten worse but on the DBQ for occupational and social impairment section checked off the symptoms of someone that would only be rated at 30%.  I am rated at 70% for MDD. I wrote to the RO that the DBQ was inadequate and should not be used to rate my claim.  I submitted the form 8940 & a doctor's note from my treating doctor stating my condition was at least likely due to my unemployability & other supporting evidence from employers. 

My question is I submitted the Form 9 before I gathered all of this evidence and it is still at the RO and they are reviewing the evidence.  When I called the 800# for the status they said the status of the Form 9 was in Prep for decision phase/Ready to rate.  Is this information correct?  Does that mean that they are making a decision on the appeal?  Or the IU claim?  I'm kind of confused at this point. 

 

 

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Yes that's what it sounds like. It could change back to gathering evidence or it may even final by the time I've written this. You're just gonna have to see what the final decision is and if you disagree with it then it's time to consider an appeal.

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Its likely incorrect.  Several reasons:

1.  You can not trust VA.  

 

2.  It sounds like you got the information either from Peggy, or ebenefits, which is worse than VA.  

3.  "Ready to rate" is not a term used by the BVA.  However, its possible VARO is reconsidering your N and M evidence.  Usually that does not happen after the SOC, but when it does, a SSOC is required.  

4.  BVA decisions take longer than that.  Much longer.  They are currently doing 2013 docket numbers, and it does not even sound like you have a docket number.  When you submit new evidence while at the BVA, a SSOC is required.  Did you get a SSOC?  That is probably what you are waiting on..an SSOC, not being rated.  Sorry, but I know they will tell you "Any day now" when it is still a year or more off.  

Edited by broncovet
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Hopefully you will hear something favorable soon.

Just hang in there.

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Thanks for responding!  I do have a docket #......I was told that the docket # is assigned by the RO once you send back the form 9 to reserve your place in line.  I got this info from the BVA customer service number because I called just to see if my appeal had been certified and they said it had not & was still at the regional office. 

I also went to the RO and they looked up the appeal in VACOLS and showed me it said closed.  But she also said she was not too familiar with the appeals process of course she seemed just as confused as everyone else there.  I do have a DAV rep but they have not been much help with my case so far but I just started using them.

 

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