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      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
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    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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Va Form 9

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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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11 answers to this question

Posted · Report post

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.

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Posted · Report post

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.

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Posted · Report post

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

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Posted · Report post

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.

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Posted · Report post

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

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Posted · Report post

"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.mayoclinic.com/health/peripheral-neuropathy/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?

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Posted · Report post

"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

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Posted · Report post

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.

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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 .

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"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.

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"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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