Jump to content
  • Donation Box

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

  • 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

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • Searches Community Forums, Blog and more

  • 0
marine0816

Award grant after Substantive appeal form 9?

Question

My lawyer just submitted the substantive appeal (form 9) to the RO, he stated that they will grant or send the claim to the BVA.  I didn’t know  they can still grant the claim at the form 9 step.. how often do they grant your appeal after submitting  the form 9 to them? Thank you..

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

Congratulations!   The most likely time for that to happen is if you submitted new and material evidence.  You see, Va is supposed to "reopen" the claim with N and m evidence.  That evidence can be compelling, sometimes.    Or, sometimes VA does cue themselves and, beleive it or not promptly fixes their errors.  Its almost like winning the lottery.  We just need to see this more often.  Most of the time, if there is an error in the decision, the VA "defends" the error, even when its indefensable.  

Supreme Court Justice, Roberts, was "suprised" when he found out that Va takes a position against the VEt that is "substantially unjustified" over 60 percent of the time.  This normally means that EAJA pays the attorney fees.   However, I will be suprised if the EAJA will pay attorney fees when your RO awards benefits.   This may signal a new trend, even tho its a good one, Vets may not like it that much.  

Maybe the VA is saving EAJA fees by awarding the claim at the RO level.   Its all just a guess as to what the VA is thinking.  People always ask me, "Why did the VA do this?" Im lucky if I can tell you why I did something let alone the VA.  

Edited by broncovet
  • Thanks 1

Share this post


Link to post
Share on other sites

Ad

  • 0

How about posting redacted pdfs of the Decision Award/Denial letters and the SOC? Is there any written discussion regarding "T & P?"

Was your recent Award determined by a DRO? What is the focus of your continued Appeal?

With any New Decision, there is always the possibility of a VA Rating Dept Quality Review (QR) of the Denial or Award. I had a 07/15 Increase Denial reversed by mid 12/15 QR.

Then there's always the possibility of the Vet's Post-Decision submission of New & Material Evidence. All N & M E would require a Review by the Rating Dept prior to the Vet's C-File being Certifed and transferred to the BVA for Docketing. This Review of the N & M E could result in an Award at the RO level.

Did your Lawyer opine regarding his statement as to a possible early Award?

Semper Fi

  • Thanks 1

Share this post


Link to post
Share on other sites
  • 0

As far as I know , very few (if any) claims have turned around after the I-9 was filed.

I had one claim,set for BVA transfer, that I got awarded by a VARO.The only reason that happened was that the claim ( an SMC CUE claim and an IHD CUE claim )had been sitiing at my AOJ for 6 years by then , and I wrote to the Nehmer RO (who had my AO IHD death claim) that the CUE claims  were contingent on the IHD claim and that it had been filed years prior to the AO claim and that it should be resolved. The Nehmer VARO awarded the CUEs and the AO IHD death claim.

If you or your lawyer had submitted probative evidence after they issued a SOc, or SSOC, within the deadlines, or asked for a Denovo DRO review---maybe the claim will get a new look. In my opinion the VA is happy to get a I-9 because that means the claims gets off their desk.......

Still I would not count on it.

Part of the instructions for the I-9 include:

In part:

"Block 9. Use this block to tell us why you disagree with the decision made by your local VA office. Tie your arguments to the issues you identified in Block 8. Tell us what facts you think VA got wrong and/or how you think VA misapplied the law in your case. Try to be specific. If you are appealing a rating percentage your local VA office assigned for one or more of your service-connected disabilities, tell us for each service-connected disability rating you have appealed what rating would satisfy your appeal (The SOC, or SSOC, includes information about what disability percentages can be assigned for each disability under VA's "Rating Schedule.") You may want to refer to the specific items of evidence that you feel support your appeal, but you do not have to describe all of the evidence you have submitted. The Board will have your complete file when it considers your case. " etc etc 

I feel if there is evidence that the VA misapplied VA case law or regulations to your claim, that is something the response to the SOC should have covered.If they ignored probative evidence, that too should be raised with the SOC response.Or they can be asked to CUE themselves on any illegal decision,to your detriment, right away.

I am a little surprised that a lawyer would suggest , at the point of filing an I-9 that the claim could turn around, when they read it...if they even read it.

The BVA, on the other hand, will read everything.

 

 

  • Thanks 1

Share this post


Link to post
Share on other sites
  • 0

I agree with Gastone, we were both on line here at the same time....maybe we can help more with the redacted info he mentioned, as attached to this post.He is right as to the N & M evidence.

  • Thanks 1

Share this post


Link to post
Share on other sites
  • 0
1 hour ago, Berta said:

As far as I know , very few (if any) claims have turned around after the I-9 was filed.

I had one claim,set for BVA transfer, that I got awarded by a VARO.The only reason that happened was that the claim ( an SMC CUE claim and an IHD CUE claim )had been sitiing at my AOJ for 6 years by then , and I wrote to the Nehmer RO (who had my AO IHD death claim) that the CUE claims  were contingent on the IHD claim and that it had been filed years prior to the AO claim and that it should be resolved. The Nehmer VARO awarded the CUEs and the AO IHD death claim.

If you or your lawyer had submitted probative evidence after they issued a SOc, or SSOC, within the deadlines, or asked for a Denovo DRO review---maybe the claim will get a new look. In my opinion the VA is happy to get a I-9 because that means the claims gets off their desk.......

Still I would not count on it.

Part of the instructions for the I-9 include:

In part:

"Block 9. Use this block to tell us why you disagree with the decision made by your local VA office. Tie your arguments to the issues you identified in Block 8. Tell us what facts you think VA got wrong and/or how you think VA misapplied the law in your case. Try to be specific. If you are appealing a rating percentage your local VA office assigned for one or more of your service-connected disabilities, tell us for each service-connected disability rating you have appealed what rating would satisfy your appeal (The SOC, or SSOC, includes information about what disability percentages can be assigned for each disability under VA's "Rating Schedule.") You may want to refer to the specific items of evidence that you feel support your appeal, but you do not have to describe all of the evidence you have submitted. The Board will have your complete file when it considers your case. " etc etc 

I feel if there is evidence that the VA misapplied VA case law or regulations to your claim, that is something the response to the SOC should have covered.If they ignored probative evidence, that too should be raised with the SOC response.Or they can be asked to CUE themselves on any illegal decision,to your detriment, right away.

I am a little surprised that a lawyer would suggest , at the point of filing an I-9 that the claim could turn around, when they read it...if they even read it.

The BVA, on the other hand, will read everything.

 

 

I found this In section M28R, Part III, Section C, Chapter 3 March 8, 2013..

 


6. Receipt of VA Form (VAF) 9, Appeal to the Board of Veterans’ Appeals
The receipt of a properly completed VAF 9 is considered a substantive 
appeal.
(a) The VREO must ensure that VACOLS is updated with receipt of the 
substantive appeal.
(b) Additionally, the entire record must be reviewed to determine if further 
development is required. 
(c) If further development is determined not required, the VREO must 
ensure that one of the following actions is taken:
• Award the benefit sought
• Prepare the case for review by the Board of Veterans Appeals 
(BVA)
• Determine if the appeal is deficient in specification of errors of fact 
or law

 

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

    • So I've been in a basic power chair (Q6 Edge) since 2015. Late 2016 was also fitted for a TiLite TRA manual (also keeping powerchair). 2017 was approved by Tampa VA for clothing allowance for lower. 

       

      Moved to Battle Creek VA late 2017. Since then was issued new basic powerchair (Quickie P222-SE) to replace broken Q6. Still use TiLite also now can lightly ambulate with Forearm crutches.

      Use crutches 50%, and both chairs 25% each.

      Was approved for 1 clothing allowance this year for forearms crutches for upper.

       

      Was denied 2nd for chair/lower that was awarded last year because Chief Prosthetic states "powerchair takes precedence, you were issued that so you are to use only the powerchair".

      Also powerchair has gap between seat and leg mounts where clothes do get caught and tear. Clinician was I'll put it back in but"power chairs dont get clothing allowances", and "any review or appeal will only come back to me"

      I was approved for powerchair/custom manual combo clothing allowance last year; How do I word an appeal for the lower clothing allowance this year?

      My local DAV rep at the VA has no clue on how to handle this.

       
      • 1 reply
    • Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • Disability Calculator: Veterans Compensation Rate Calculator
      Disability Calculator: Veterans Compensation Rate Calculator

      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service connected, and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating. Continue Reading

      Use our Ratings Calculator to add your percentages
      • 0 replies
×

Important Information

{terms] and Guidelines