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tanya239

Format for Motion for Reconsideration letter to BVA

Question

Hello,

I had an earlier BVA decision where I was granted an increase in my rating.  In the decision they did not rate my IU because they said I did not perfect the appeal or something like that.  I was denied IU by the regional office while by claim was on appeal at the BVA and according to the fast letter if this happens the IU claim is supposed to become part of the pending appeal in DC.  Therefore they should have taken in consideration my IU claim as well as my disability claim that they rated even though they didn't have the perfected appeal or the form 9 for IU.  So I am thinking of asking for a Motion for Reconsideration for this issue and would like to know if there is a certain format for these types of letters or do I just include the laws that were not followed and the evidence?  I tried searching for a letter but was not able to find one.  If anyone knows any help would be appreciated.  Thanks in advance:)

 

Edited by tanya239
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Point to where you think the reqs requiring the Unfiled IU Claim or Appeal to be included in the BVA Decision, I don't recall seeing it, not to infer that it's not there hiding in the weeds'                                                                                                                                                                           Could you post redacted copies of your Awards and Denials?  Any chance of your BVA Docket Number?   What was the Date of the BVA Remand and subsequent Increase Award?        Semper Fi

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Thanks for the reply. Yes here is page 6 of the Fast Letter 13-13 & a copy of the BVA decision where they would not make a decision on my IU claim.  The Fast letter is dated June 17, 2013 and my BVA appeal letter is dated April 05 2013 so I am thinking that this law should have been applied at that time?.....but I could be wrong they make it very complicated.                                                                                                         

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Gastone is right- we need to see the BVA decision and can access it with the BVA docket #.

This TO decision would help too, as to their reasons and bases for the denial:

I was denied IU by the regional office while by claim was on appeal at the BVA and according to the fast letter if this happens the IU claim is supposed to become part of the pending appeal in DC."

Not as far as I know but I will try to find the Fast letter you mentioned.

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Here is the Fast Letter 13-13:

http://veteransvoteyourcause.com/files/NEW_Guidelines_for_Claiming_TDIU.pdf

I see nothng in it that extends jurisdiction to the BVA, if the BVA does not have receipt of a formal 1-9.

When the TDIU claim was denied , did you file a NOD and then receive a SOC and another I-9 form for the denial of TDIU? Did you file the I-9 form in time, and do you have proof of filing it ( on the TDIU denial)?

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However, the Regional Office cannot physically send the claims file to BVA until all pending NODs and all pending claims have been decided.  There can be no appeal issues pending before the Regional Office at the time the claims file is sent to BVA; otherwise, BVA will issue a Remand instructing the Regional Office to issue an SOC on any pending appeals.

Additionally, if the veteran has requested a BVA travel board hearing or BVA Video conference hearing, the claims file remains physically at the Regional Office until the BVA hearing can be scheduled.

In the past, if any additional evidence was submitted which related to the issues under appeal, then the Regional Office had to review the additional evidence, and if the appeal continued, it had to issue a Supplemental Statement of the Case (SSOC) explaining why the additional evidence did not change the prior decision and give the Veteran 30 days to reply.  If yet more evidence was received, another SSOC was issued with another 30 day reply period.  There was no limit to the number of SSOCs which could be issued.  The appeal could not be certified to BVA until all of evidence in the claims file had been considered at the Regional Office level.

If an appeal was certified to BVA and additional evidence was subsequently received, the Regional Office had to either obtain a waiver of jurisdiction from the Veteran or his Representative, or the appeal had to be removed from certified status and another SSOC issued.  Following the 30 day reply period, if no additional evidence was added to the claims file, the appeal could be re-certified to BVA.

This is the stage where many delays occurred because many Veterans have multiple appeals pending in various stages of the appeals process.  Additionally, they will also have new claims pending in various stages of initial development.  Therefore, every time additional evidence was added to the claims file, the Regional Office Appeals Team had to review all of the appeals to determine if an SSOC was necessary.  If so, then any appeals already certified to BVA had to be removed from certified status, and the process continued to repeat itself until such time that all evidence in the claims file had been considered in a decision at the Regional Office level.  It was only then that we could physically transfer the file to BVA jurisdiction.

Source:https://archives-veterans.house.gov/submission-for-the-record/matthew-middlemas-0

Matthew is Currently or Former  DRO at the Milwaukee VA R.O.

Edited by Buck52

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