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Appeal Closed due to Intake Center Delay


lcpmom
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Hello,

Can someone who have experienced this situation or knows the answer, let me know what happens when your appeal was closed before the Evidence Intake Center Scanned in your VA form 9..

Thanks,

 

Lois

 

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Here for the quotes, as the VA hasn't sent me any SOC to work off of for form 9 to be returned (Due April 28th 2020)

 I am thinking of just sending anything on my form 9 in with just updates from my VA doctor. 

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Icpmom My guess would be you have to wait for the decision letter and based on that will determine if you are satisfied or want to appeal. My guess would be if you appeal, your going to want to go Supplemental lane to include the info you tried to submit.

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The scan date is not the receipt date, the receipt date (based on postmark) is the one that is used for incoming forms. The scan date can be days or more after receipt depending on how busy the RO or Intake center is.

How do you know your appeal is closed? The suspense date in the system holds things like requests for benefits, supplementals, and appeals from further action by anyone until A. the date is passed by at least 1 day, or B. the required form or next action is completed. If there is a case waiting for an action or document it isn't assigned or workable by anyone- unless you waive it by saying you have no more evidence to submit. 

If your appeal is closed it would usually mean that form 9 was not received within 60 days of the SOC, or within 30 days after an SSOC. After than the appeal can be certified and sent on for hearing due to the assumption that no more evidence is forthcoming. 

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Welcome to hadit, you are in the right place.

So, if I understand your question, you sent to the evidence intake center your I9, and there was a delay that caused it to be late, beyond the appeal period?   It sounds like you are not sure, but your claim was shown as "closed" on ebenefits, so you specualted that was the case.  

You dont send "bva evidence" to the evidence intake center, you send it to the BVA:

https://www.bva.va.gov/Frequently_Asked_questions.asp

While I do recall reading a decision where "evidence was sent to the wrong address", Im not sure I recall the outcome.  

I recommend "sending it again" to the address in the link I posted above, and explain that you sent it to the wrong address.  Hopefully you saved a copy of the evidence you sent "along with" a certified mail receipt that your VA received the applicable evidence.  

"If" this claim gets denied due to an untimely filing based on you sending the evidence to the wrong place (and I cant say if that will happen or not), then you can try an appeal.  

Its important you send stuff to the right place, in the future.  Do you have a VSO?  Where did he tell you to send it?  

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