ptsd Filing My Appeal

[Cavman]

When I appealed my 50% PTSD decision in September I just wrote an NOD on a piece of paper and stated why I disagreed and served notice I was appealing the decision. I later got a letter asking how I wanted it decided and I answered that and mailed it. I sent in all my new evidence and thats all I`ve done. Is that all I need to do?

I read tonight on Military.com that I needed to file what is called a substantive appeal on a Form 9. I never did this. I hope I haven`t been sitting here waiting on nothing. I mean they must recognize it being they ask me how I wanted it decided and also sent notice that they are going to decide new claims before deciding the appeal.

Cavman

[Vike17]

The first step in the appeals process is filing a NOD (Notice of Disagreement). You have already done this. Depending on what route you chose to have your appeal handled, you'll be either issued a grant in benefits sought or a SOC (Statement of the Case) further denying your appeal. If you want to appeal your case to the BVA (Board of Veterans Appeal), then you need to "perfect" your appeal by filling out VA Form 9 and send it to your regional office within 60 days of receiving the SOC.

Until you receive a SOC from VA, you don't need to do anything.

Vike 17

[Cavman]

Thanks Vike17...I really enjoy your precise and to the point answers.

Cavman

[john999]

When you get the SOC you can choose to ask for a DRO Hearing or go the Form 9 BVA route. Just read about the time frames on the back of a Form 9 for different appeals. You can ask for the DRO and if that does not work go to the BVA. If it were me I would ask for the DRO Hearing as soon as I get the SOC back from the VA. I get a Form 9 and write on it that I want a DRO Hearing and send that in. Be very clear that you want a DRO and not an appeal directly to the BVA. I would check on my claim about once a month just to see what is happening or if they are waiting for something you might be able to provide them. In the meantime you could get a complete copy of you C-File. Unless the VA grants your request based on your NOD you are looking at a year to 18 months for the DRO and 2 years for the BVA so there is no rush. Get all the documents in you C-File and look them over. If you don't have all your military records get a copy.

[Vike17]

While it is correct that one can ask for a hearing on the VA Form 9, that is not the intent of the Form 9. The purpose of the form is to "perfect" the appeal. The best way to go about it in my opinion is to ask for a DRO review with a personal hearing with that DRO on your original NOD. This way you ultimately save time. If you don't ask for a hearing in your NOD and only request it after a SOC has been issued, the veteran has added that additional time to their claim.

One thing to keep in mind when one receives a SOC is that the veteran normally has 60 days to submit VA Form 9, or submit "New" evidence from the date of the SOC. If a veteran submits "new" evidence after receiving a SOC, then the new evidence will prompt the VA to consider the new evidence and either grant the benefits sought or issue a SSOC (Supplemental Statement of the Case). A SSOC is another SOC so to speak that addresses only the new evidence and it baring on the claim. Once a veteran receives a SSOC, they have again 60 days from the date of the SSOC to either submit VA Form 9 to perfect their appeal, or submit "new" evidence again. If the veteran submitts 'new' evidence after receiving a SSOC the process I just explained repeats itself.

Another thing to keep in mind throughout all of this is do not miss any deadlines for filing paperwork while you're in the appeals process!!!

Vike 17

Edited January 1, 2007 by Vike17

[Pete53]

Funny how the VA holds the Veteran accountable for deadlines and not its self.

[Guest jangrin]

While it is correct that one can ask for a hearing on the VA Form 9, that is not the intent of the Form 9. The purpose of the form is to "perfect" the appeal. The best way to go about it in my opinion is to ask for a DRO review with a personal hearing with that DRO on your original NOD. This way you ultimately save time. If you don't ask for a hearing in your NOD and only request it after a SOC has been issued, the veteran has added that additional time to their claim.

One thing to keep in mind when one receives a SOC is that the veteran normally has 60 days to submit VA Form 9, or submit "New" evidence from the date of the SOC. If a veteran submits "new" evidence after receiving a SOC, then the new evidence will prompt the VA to consider the new evidence and either grant the benefits sought or issue a SSOC (Supplemental Statement of the Case). A SSOC is another SOC so to speak that addresses only the new evidence and it baring on the claim. Once a veteran receives a SSOC, they have again 60 days from the date of the SSOC to either submit VA Form 9 to perfect their appeal, or submit "new" evidence again. If the veteran submitts 'new' evidence after receiving a SSOC the process I just explained repeats itself.

Another thing to keep in mind throughout all of this is do not miss any deadlines for filing paperwork while you're in the appeals process!!!

Vike 17

Vike 17,

You said in part, "The best way to go about it in my opinion is to ask for a DRO review with a personal hearing with that DRO on your original NOD."

When the veteran files and NOD and askeed for a personal hearing, what exactly is he accomplishing. I assume that this is another chance for the veteran to have his claim looked at more informaly before it is appealeed to the BVA. What why is this better than just going straight to the BVA?

Also, if you ask for a personal hearing is this when the VSO is suppose to help represent you and your claim?

Jangrin