Wow! Talk About Fast Action On My Cue And Nod!

[RockyA1911]

I finally got a response from the IRIS I sent last Thursday asking the status of my July 5, 2005 I/U claim and for them to confirm that they had received both the 8 March 2007 NOD, and 13 March, 2007 CUE.

The response was that my file is being reviewed by the rating board as of 3-16-2007. I called the 800# also after receiving the IRIS response and the guy told me my file had been pulled and is being reviewed by the rating board since 16 March, 2007.

So it looks like I will get some kind of a decision shortly and I did not file a Form 9, just a letter stating Notice of Disagreement and stated what was in error and what it should be, same with the CUE.

Had I sent in a Form 9 with it requesting a De Novo review, I don't think it would be at the rating board right now, it would be processed as an appeal and put in the appeals waiting line.

[Berta]

Right- you have made some good moves Rocky-

They started working on my CUE too as soon as I responded to the denial-

I pointed out all of their errors in the denial-

I asked them to reconsider the BS they sent me-in light of established VA case law and regs and I attached even more legal evidence of the CUE they committed.

When a claim moves anywhere it means they are doing something.

[LarryJ]

And, then again, if you should wait until this time next week and call them and ask where your claim is...........they might tell you that they bought it some popcorn, because it was nice, and then took it to the zoo.......to show it some REAL monkeys!

just sayin........the wife and I have a running bet as to where they are going to tell my claim is THIS week.

[mobie16r]

Rocky,i am pulling for you to get a IU rating,but take your time and don't get to overjoyed.The rating board is where you want your claim to be,remember the rater could need more information and send your claim back to the pre-determination team.Like Larry said give them a call next week.Good luck.

mobie

[Vike17]

Rocky,

Your C-file being at the rating board probably doesn't have anything to do with your appeal, it's probably there so the rater can work on your IU claim. Your appeals will more than likely be worked on at the Appeals Team.

"Had I sent in a Form 9 with it requesting a De Novo review, I don't think it would be at the rating board right now, it would be processed as an appeal and put in the appeals waiting line"

I don't know how many times I've said this before here on Hadit, the NOD is the first step in the appeals process and by submitting one will have your claim "processed as an appeal and put in the appeals waiting line." Furthermore, the Form 9 should not be used to request a DRO review or a hearing at the RO, it's intent is to "perfect" the claimants appeal after they receive a SOC or SSOC and have the VA forward the appeal to the BVA! Had you sent in Form 9 without writing a NOD VA would have taken the Form 9 as the NOD; however, this isn't what the Form 9 is for!

Vike 17

[Berta]

The National Veterans Legal Service Program suggests requesting DRO review right in the NOD.

If Rocky did this he might have gotten the idea from me- I got this idea from NVLSP- in the 2006 edition Veterans Benefits Manual page 1323, part 16.5.2.1.

But I dont get requesting a DRO review on a form I-9 -

in my opinion-it would be too late-

a hearing is different and there is a box to request that on the I-9-

Edited March 20, 2007 by Berta

[john999]

Rocky

The VA can go back at one year from the date you filed for IU if you have evidence you were unemployable at that time. Sometimes the VA waits and wants documentation as to exactly when your IU began. They did that with me by demanding to know when I last worked for the USPS. I had to send in documentation to prove my last day at work.