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A general response to be written on form 9

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Okemos_Veteran74

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 I am going to file for an appeal to go to the bva. I haven't decided who will represent me in my bva hearing, but I want to go ahead and file my form 9 so that I don't miss my 2-month window.

  I would like to ask for some suggestions on how to write a generic or standard response to the question of why I am filing an appeal. I want to make it as open a statement as I can so that if later I need to add something I can.

 

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Thank you to all for the information. I especially like the idea of having the VSO file it on my behalf. I'm really not sure what I want to say.

 

  I am more interested in getting the rating that I want (SMC-S) rather than knowing exactly what decision I want to appeal at this point.

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Do you have  a 100% or TDIU rating?

If so, are you appealing a denial of SMC S?

I am more interested in getting the rating that I want (SMC-S) rather than knowing exactly what decision I want to appeal at this point."

 

 

 

 

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I have the following ratings;

  1. 70% PTSD
  2. 40% TBI
  3. 10% Tinnutus

I was granted TDIU based  on my PTSD rating.

According to ebenefits, and the Pyschologist who did my PTSD C&P, my PTSD is p&t.

I havent been officially denied for SMC-S.  I have a 50% rating between my tbi and tinnitus rating.   

I want to appeal a c&p's for visual disorder (double vision), and headaches.  That would give me 60% beyond my PTSD rating.  From what little i know about this, that is enough for SMP=S, right?

 

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We need to see a redacted copy of your IU Award Letter. Is the IU based solely on the PTSD or is the TBI also Listed?    Your TBI may or may not be on the table as part of the 60% SMC S (1) issue.

As it stands now, SMC S or (1) was not part of the original Denial and as such would not be an issue addressed by the BVA.

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Here is how I write my I9's:   Get a copy of the VARO/DRO review decisions in front of you, as well as your complete medical file.  

Pay particular attention to the decision's "reasons and bases" and try to refute them.  For example,

The VARO decision of 12-3-17 stated "there is no evidence of TBI".  However, Doc. G stated on Nov.12, 2017, "This Veteran suffers from TBI".  

In other words, you refute the decisions reasons and bases with evidence from your file, demonstrating you either had(have) new evidence, or the rater did not read it.

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The I 9 is your chance to show that you deserve a higher rating. (or service connection)  So, using the CFR's and the Caluza elements, demonstrate how your evidence indicates you deserve a higher rating or service connection.  

Keep "your opinion" out of it, as it does not matter what you think, every Vet thinks he deserves a higher rating.  Instead, show how the CFR's and the criteria for rating shows that you, indeed, deserve a higher rating (or service connection for a denied condition).  

Do a search "criteria for depression 38 cfr" and you will probably get a list of the criteria.  If you dont know what the Caluza elements are, then do a search on hadit, as I have discussed this many times.  

Edited by broncovet
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