In this case, the veteran did not submit a VA Form 9 (Appeal to Board of Veterans’ Appeals) in response to the RO’s issuance of a statement of the case. He did, however, submit a written statement containing the necessary information to perfect his appeal of the RO’s September 2000 rating decision. In the statement, received at the RO in September 2001, the veteran referred to the statement of the case by citing “343/211” and indicated that he was submitting the attached information to support his claims for service connection for multiple sclerosis and hepatitis C. In so indicating, he made clear his intent to continue pursuing his appeal with regard to these claims. In light of the foregoing, the Board has jurisdictional authority to review the claims of entitlement to service connection for multiple sclerosis and hepatitis C. For the reasons noted below, however, VA must take action before the Board can proceed. ORDER The appeal on the issue of whether the veteran timely appealed a September 2000 rating decision, in which the RO denied service connection for diabetes mellitus and hepatitis C, is granted. Just because you don’t use the man’s forms doesn’t mean they can deny your claim. The VARO down in Oakland learned this the hard way. You don’t dis the BVA if you work for VA. They don’t like that.

About asknod

VA claims blogger
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