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@  lcurle : (10 September 2014 - 04:35 PM) You Must Be A Patient Man To Check It Only Every 10 Minutes, I Hit F5 Every 3 Seconds!
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@  carlie : (09 September 2014 - 06:12 PM) Dereekbanks - No - That Does Not Mean You Were Denied. They Do Not Update Ebenefits On A Daily Basis.
@  dereekbanks : (09 September 2014 - 05:27 AM) Ebenefits Shows My Claim Closed Yesterday, But My Benefit Letter Looks The Same. Does That Mean I Was Denied?
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@  iceturkee : (08 September 2014 - 02:48 PM) I Just Got My Allowance Less Than A Week After The Disapproved Was Changed To Approved

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Va Form 9


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11 replies to this topic

#1 COOL BREEZE

 
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Posted 02 October 2010 - 12:51 PM

Is it necessary to file a motion for reconsideration for left out information on the VA form 9(to file and submit the evidence) I found some information that states that if you don't file using the proper form(just making up your own form), they can deny or hold up your claim. Now I saw actual copies of this form on the internet that you can fill in and print, haven't found that on this forum yet, unless I am looking in the wrong area. What I am doing, since I had a fool for my first VSO, I thought I would file one(another one) just in case, letting them know the reason as we can't find the original copy(I was never given a copy-Important-all Vets need to have a copy of what was done and submitted by a VSO for tracking purposes, so you know what was actually filed-I didn't_shame on me). Also I was going to clarify what I was asking for(left out medical info, and the medical copy-which would give me 60%, not the low ball 30%. This would have to be done in a proper fashion so they don't try to take my increase away .

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#2 Berta

 
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Posted 02 October 2010 - 01:19 PM

If this regards your recent decision I would ask them to reconsider the rating on the 30% and then tell them exactly why-with medical evidence attached -that shows you warrant the higher rating.

How much time do you have left for the NOD and the I-9?

A Reconsideration Request might get the proper rating faster but you still have to mark your calendar for any time limits for appeal.

All you need to do is send them a letter or use a 4138 and put RECONSIDERATION REQUEST on it and then put attention to: and use the initials of the rater who rendered the decision that appears in the upper right hand corner of the letter with the VARO numerical codes.

#3 Berta

 
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Posted 02 October 2010 - 01:21 PM

PS a "Motion" for reconsideration is the same type of request regarding a BVA decision.

A VARO recon request does not require a Motion format.

#4 COOL BREEZE

 
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Posted 02 October 2010 - 01:37 PM

If this regards your recent decision I would ask them to reconsider the rating on the 30% and then tell them exactly why-with medical evidence attached -that shows you warrant the higher rating.

How much time do you have left for the NOD and the I-9?

A Reconsideration Request might get the proper rating faster but you still have to mark your calendar for any time limits for appeal.

All you need to do is send them a letter or use a 4138 and put RECONSIDERATION REQUEST on it and then put attention to: and use the initials of the rater who rendered the decision that appears in the upper right hand corner of the letter with the VARO numerical codes.


This was already filed-is the reconsideration a 90 time frame. What is a 4138? I have the form i-9-do I use that form as well as a letterhead with re-consideration to send it. Also I am sending them multiple issues, different types of claims, can I sent all these in 1 envelope, will they sort these a accordingly once received? I saw the one issue a vet had similiar to mine, he got the 60%, they missed my medical evidence that would have given me that rating. I have sent several NODS sent out for them for not addressing claims before the case was filed, then they closed the case. Once of them was for PN, and it has now spread from the feet to both legs, and arms. I figure I need to get a rating for that before I can add this for secondary. Also Berta, how do you figure out what you can claim as secondary. If they deny a claim, I am thinking about trying to get a secondary rated. Thinks for your help

#5 Berta

 
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Posted 03 October 2010 - 09:05 AM

Good the Reconsideration Request has already been filed as to the rating you felt was too low.

I am confused about the rest of this post.

"I have sent several NODS sent out for them for not addressing claims before the case was filed, then they closed the case."

They cannot address a claim until they get the formal claim.A NOD is to specifically disagree with a decision on the claim.


" Once of them was for PN, and it has now spread from the feet to both legs, and arms. I figure I need to get a rating for that before I can add this for secondary.
Also Berta, how do you figure out what you can claim as secondary. If they deny a claim, I am thinking about trying to get a secondary rated. Thinks for your help"

A rating only occurs after a formal claim has been filed. The rating depends on a diagnosis and then a C & P exam.

Do you have any PN rating now?

If VA denies a SC claim,for a disability that you feel the PN is causing, they will also deny the PN as secondary.

All secondaries need to have a SC nexus ( the initial etiology or cause must be service connected) as well as medical evidence of the link to the SC disabilty.

#6 COOL BREEZE

 
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Posted 03 October 2010 - 11:01 AM

Good the Reconsideration Request has already been filed as to the rating you felt was too low.

I am confused about the rest of this post.

"I have sent several NODS sent out for them for not addressing claims before the case was filed, then they closed the case."

They cannot address a claim until they get the formal claim.A NOD is to specifically disagree with a decision on the claim.


" Once of them was for PN, and it has now spread from the feet to both legs, and arms. I figure I need to get a rating for that before I can add this for secondary.
Also Berta, how do you figure out what you can claim as secondary. If they deny a claim, I am thinking about trying to get a secondary rated. Thinks for your help"

A rating only occurs after a formal claim has been filed. The rating depends on a diagnosis and then a C & P exam.

Do you have any PN rating now?

If VA denies a SC claim,for a disability that you feel the PN is causing, they will also deny the PN as secondary.

All secondaries need to have a SC nexus ( the initial etiology or cause must be service connected) as well as medical evidence of the link to the SC disabilty.


I had received a letter from the VA on May 17, 2010 stating that we are working on nerve damage, Bilitareral feet, Urology leakage due to medication, ect. Those issues were not addressed on the final claim, it was closed and a decision rendered with those issues not addressed. I have a 0% for the feet, the va foot doctor stated during one of my many appointments with her that I had PN. She doesn't say it is secondary to the feet, I would assume so since this was an appointment for feet. And I hear that you can get PN secondary to any other service connected claim. Do you think I should file again a claim for nerve damage secondary to my feet since she also prescribed medication for this. Or as the VSO did, he filed a NOD as those issues weren't addressed. Should I wait, or file another claim? Thanks

#7 Berta

 
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Posted 06 October 2010 - 11:52 AM

"And I hear that you can get PN secondary to any other service connected claim. Do you think I should file again a claim for nerve damage secondary to my feet since "

Peripheral neuropathy can have many causes but the most prevalent one I see is in veterans with diabetes.

Mayo Clinic supports the fact that it is common to anyone with DMII:

http://www.mayoclini...ropathy/DS00131

"you can get PN secondary to any other service connected claim"
never heard that before.

If you have medical evidence or a strong IMO that shows a SC disability you have has caused the PN, then it can be service connected as secondary.

"I have a 0% for the feet"
Is that a NSC or a SC rating?

#8 COOL BREEZE

 
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Posted 06 October 2010 - 12:05 PM

"And I hear that you can get PN secondary to any other service connected claim. Do you think I should file again a claim for nerve damage secondary to my feet since "

Peripheral neuropathy can have many causes but the most prevalent one I see is in veterans with diabetes.

Mayo Clinic supports the fact that it is common to anyone with DMII:

http://www.mayoclini...ropathy/DS00131

"you can get PN secondary to any other service connected claim"
never heard that before.

If you have medical evidence or a strong IMO that shows a SC disability you have has caused the PN, then it can be service connected as secondary.

"I have a 0% for the feet"
Is that a NSC or a SC rating?

The rating is a SC rating. And now the foot clinic says I have NP, but I don't have diabetes. I had filed a claim for nerve damage that wasn't address in recent claim, so I am at a lost as what should I do. I was trying to connect that to something, it states feet secondary to nerve damage on the rating comp exam. Thanks

#9 Ricky

 
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Posted 08 October 2010 - 11:28 PM

The post is kinda confusing. You are asking about a Form 9 (formal appeal) and then you start talking about a NOD. IF you have filed a form 9, a Formal Appeal all you have to do is submit you additional evidence along with a cover page that you type up in WORD or any other document producing program. The cover page should clearly indicate that you are filing/supplying additional evidence in support of your Formal Appeal, Form 9 that was dated on xxxxx date. If you have not received a letter from the VA indicating that your file has been forwarded to the BVA then send the evidence to your supporting RO. If you have received notice that the file has been transferred to the BVA, then send the evidence to the BVA. If you do not want the BVA to send the file back to the RO so they can review the additional evidence make sure you include a statement in the cover letter that you waive your right to have the evidence evaluated by the AOJ (your RO) and desire that the BVA consider the evidence during their review of your file. Make sure that if you use addition sheets you place a header at the top of each page stating notice of disagreement continued, page xxx, dated xxxxxx, veterans name xxxx, va file number or ssan

The same goes even if you are in the NOD stage. If you have a NOD pending just send in the evidence with a cover page stating that it is additional evidence in support of your NOD dated XXXXXXx.


Now if you are talking about just starting your appeal with a NOD process you can use the Statement in Support of a Veterans Claim form or you can just simply start typing on plain paper making sure that you clearly state at the begining of the letter THIS IS A NOTICE OF DISAGREEMENT TO VA'S DECISION BASED UPON THE STATEMENT OF THE CASE DATED XXXXX then type out your reasons for disagreement making sure you attach any and all additional evidence to the letter.

Now if you are talking about a formal appeal you are begining you must use the Form 9 but you can also attach additional sheets to it that are typed on blank paper. Make sure that if you use addition sheets you place a header at the top of each page stating notice of formal appeal continued, page xxx, dated xxxxxx, veterans name xxxx, va file number or ssan.


I think this is what you were asking and I hope it helps. If I misunderstood please forgive me as I am just a crazy old vet hahahahaha.

#10 COOL BREEZE

 
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Posted 09 October 2010 - 12:54 AM

The post is kinda confusing. You are asking about a Form 9 (formal appeal) and then you start talking about a NOD. IF you have filed a form 9, a Formal Appeal all you have to do is submit you additional evidence along with a cover page that you type up in WORD or any other document producing program. The cover page should clearly indicate that you are filing/supplying additional evidence in support of your Formal Appeal, Form 9 that was dated on xxxxx date. If you have not received a letter from the VA indicating that your file has been forwarded to the BVA then send the evidence to your supporting RO. If you have received notice that the file has been transferred to the BVA, then send the evidence to the BVA. If you do not want the BVA to send the file back to the RO so they can review the additional evidence make sure you include a statement in the cover letter that you waive your right to have the evidence evaluated by the AOJ (your RO) and desire that the BVA consider the evidence during their review of your file. Make sure that if you use addition sheets you place a header at the top of each page stating notice of disagreement continued, page xxx, dated xxxxxx, veterans name xxxx, va file number or ssan

The same goes even if you are in the NOD stage. If you have a NOD pending just send in the evidence with a cover page stating that it is additional evidence in support of your NOD dated XXXXXXx.


Now if you are talking about just starting your appeal with a NOD process you can use the Statement in Support of a Veterans Claim form or you can just simply start typing on plain paper making sure that you clearly state at the begining of the letter THIS IS A NOTICE OF DISAGREEMENT TO VA'S DECISION BASED UPON THE STATEMENT OF THE CASE DATED XXXXX then type out your reasons for disagreement making sure you attach any and all additional evidence to the letter.

Now if you are talking about a formal appeal you are begining you must use the Form 9 but you can also attach additional sheets to it that are typed on blank paper. Make sure that if you use addition sheets you place a header at the top of each page stating notice of formal appeal continued, page xxx, dated xxxxxx, veterans name xxxx, va file number or ssan.


I think this is what you were asking and I hope it helps. If I misunderstood please forgive me as I am just a crazy old vet hahahahaha.


I am the one who is confused as this is a new process for me, so may steps. The way I understand it, I filed a Nod, the VA sends me a SOC with a form 9 to fill to let them know where I want the claim to go -this lets me decide if I want to let my regional office decide it(I understand that option is better as otherwise if it goes to THE BVA that would take years. I called the 800# in Phoenix today and he (stated was a veteran), suggested it was much better to let the local regional office process the appeal first. Then if I didn't like the decision to inform them to send it to the BVA. And i guess I can meantime schedule some more outside appointments to better assist my appeal process .

#11 Berta

 
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Posted 09 October 2010 - 06:09 AM

"it states feet secondary to nerve damage on the rating comp exam"

Did they say what nerve damage?

That is much different than PN due to foot problem.

Are you able to scan the exam results or the SOC and post it here as an attachment? (Cover personal stuff)

Ricky -that was an excellent rundown on the appeal process.

I wrote my I-9 appeal years ago in Word (I use Office Org now)
making sure I got the most important arguments into the first paragraph that could fit onto the I-9 area where they ask us to tell them why they are wrong.
I copied it off and cut out and pasted the first paragraph into the I=9 form ,copied that and then added the attached pages and evidence.

I mentioned the VCAA error right away and also the medical evidence they had refused to read for years.I enclosed an evidence list as well as copies of evidence that VARO had never considered.After BVA transfer I continued to send additional evidence to the BVA, checking with the BVA ombudsman to make sure they got it.

This way -if anyone actually read the I-9 at the RO level, maybe the claim could have been resolved earlier.I should have formally waived RO rights because they never read any of my stuff.

The BVA took note of the VCAA error as well as my evidence and awarded- and the VCAA error was not prejudicial because I had mitigated it's damage with probative evidence.

BVA checks the VCAA letter every claimant gets right off the bat.
If it as prejudiced the veteran by failing to conform to the VCAA regs and the evidence cannot overcome the error -this sets up a remand adding much more time to the claim.

I read BVA decisions every week and there has been a definite improvement in remands due to faulty VCAA letters.

Edited by Berta, 09 October 2010 - 06:13 AM.


#12 COOL BREEZE

 
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Posted 09 October 2010 - 10:37 AM

"it states feet secondary to nerve damage on the rating comp exam"

Did they say what nerve damage?

That is much different than PN due to foot problem.

Are you able to scan the exam results or the SOC and post it here as an attachment? (Cover personal stuff)

Ricky -that was an excellent rundown on the appeal process.

I wrote my I-9 appeal years ago in Word (I use Office Org now)
making sure I got the most important arguments into the first paragraph that could fit onto the I-9 area where they ask us to tell them why they are wrong.
I copied it off and cut out and pasted the first paragraph into the I=9 form ,copied that and then added the attached pages and evidence.

I mentioned the VCAA error right away and also the medical evidence they had refused to read for years.I enclosed an evidence list as well as copies of evidence that VARO had never considered.After BVA transfer I continued to send additional evidence to the BVA, checking with the BVA ombudsman to make sure they got it.

This way -if anyone actually read the I-9 at the RO level, maybe the claim could have been resolved earlier.I should have formally waived RO rights because they never read any of my stuff.

The BVA took note of the VCAA error as well as my evidence and awarded- and the VCAA error was not prejudicial because I had mitigated it's damage with probative evidence.

BVA checks the VCAA letter every claimant gets right off the bat.
If it as prejudiced the veteran by failing to conform to the VCAA regs and the evidence cannot overcome the error -this sets up a remand adding much more time to the claim.

I read BVA decisions every week and there has been a definite improvement in remands due to faulty VCAA letters.

The report from a podiatry consult states neuropathy b/l
under atherosclerotic vascular diseases(Comp exam) it states-Symptoms patient just burning sensation from peripheral neuropathy
Comp exam-reason Mets estimated only, patient not able to walk treadmill due to back and treadmill disabilities
Comp exam note-Is there pain at rest? No leg pain, has burning sensation both feet secondary to peripheral nerve condition
Comp exam-lower arterial-states has atherosclerosis noted on distal aorta(that claim was denied-filed a NOD has a have service connection for hypertension)pt with neuropathy feet
the results for that exam were within standards-
Hopefully that helps as this was scattered in different reports but not put together and decided in a claim which I filed a NOD as this claim was left out-thanks




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