Music, hello and welcome to another Hill and Ponton video blog. I'm Matthew Hill, here with Carol Ponton, and we are doing a series on the biggest mistakes that veterans make when prosecuting their VA claim. We've already discussed three mistakes. The first one is not filing a claim because someone else tells you not to. The second one is not filing all the claims that encompass your disability. For example, if you have a back disability, you should also file claims for numbness in your legs or any other related issues. The last mistake we talked about was why not to file a reconsideration and instead proceed with an appeal. Today, we will be focusing on the appeal process. Let's say you file your claim and it gets denied. The regional office then issues what's called a statement of the case (SOC). Carol, what are your thoughts on the SOC? The SOC states that if you disagree with the decision, you can file a VA appeal and go to the Board of Veterans Appeals in Washington. Surprisingly, around 75% of our clients do not take this step. They are afraid of going to the Board of Appeals in Washington and believe it to be daunting. However, dropping your claim at this stage is a big mistake. First of all, the rules applied at the regional office may not necessarily be the same as the laws we believe apply. The Board of Veterans Appeals operates differently and tries to align with the court's interpretation of the law. They are bound by VA regulations, congressional statutes, and court cases. This is the first time you will have a lawyer or an actual judge reviewing your case and applying these laws. The regional office, on the other hand, primarily follows a manual...
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Va 9 timeline Form: What You Should Know
A Veteran's Appeal To The Board Of Veterans' Appeals Veterans Appeal To Board Of Veterans' Appeals: If you think the VA made a mistake and/or erred in the application of your benefits claim, you will need to complete a Veterans Appeal To make this review more comfortable, you may want to set your settings to auto-complete your claim if you are using the VA System — My Claim To review: You should read and follow the directions closely, and be ready to fill in the information and submit it to the VA. In general, the claim must prove that you are or had been disabled (or a member of the immediate family) by a disability that developed after you entered active duty, or before you left active duty, and before your separation from active duty. (See the sections on the process for each type of disability.) A veteran can appeal any decision of the VAB to the Board of Veterans' Appeals for Veterans' Benefits. Veterans can make this appeal up to three years after your separation or retirement. This may take longer for certain veterans. Filing A Form 9… The Formal Appeal The BVA considers your VA Form 9 Appeal To The Board of Veterans' If the VBA determines that you are eligible, the BVA will give you the following: A form that the VBA uses to decide which disability rating for you should be based on disability incurred outside the active military service before you entered active duty or during your active military service; (see below for the definition of “active military service”); The VB For VBA will send you a monthly statement of the current VA benefits status; Your monthly statement will be in the form of a letter from the BVA or the VBA; If you want, you can file an online appeal; however, for this to be valid, you will have to submit your claim before the 60-day review period has elapsed; And if you do file an online appeal, please note that, unlike the Veterans Appeals Office website, there are no “fees” at BVA, and you can do everything here in less than 5 minutes. VA Form 9… Your Veterans Formal Appeal To The VA Form 9 is a formal appeal to the Board of Veterans' Appeals for disability benefits claims in the VA system.
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