Do I file or not? Form 9.

track22
Registered: 02/02/11
Posts: 23

	09/20/11	#1

We just recieved the SOC on a bunch of issues that the lawyer said they wouldn’t go after because they are handling the hepc and ptsd appeal and believe that will be sufficient to get the rating they want. Today I am needing to know if I send this appeal in on the 4 issues they denied because they are related to end stage liver disease plus the 1151 I had filed. Do I send these to my service rep and proceed or wait until they decide on sc for the liver? The liver sc claim already has a form 9 filed. Will this hold up the others at BVA level or will it be best for them all to go together? Will the VSO be able to do these while the others have my c-file? __________________ mdames@yrless.net
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NODManager
Registered: 11/22/08
Posts: 654

	09/20/11	#2

If the secondary issues you mention were denied and you receive the SOC, you have 60 days to file the F-9 to preserve the claim date. In my mind, I would file it with the VSO. If they need your C-file to deal with it, they’ll make a duplicate of it to facilitate the process. From the way I see it, they will not adjudicate these issues simultaneously, but will hold back to see if you win the primary cirrhosis/hcv claim. I am anal about holding their feet to the fire. I have had no luck trusting VA to do the gentlemanly thing. The claims will not be delayed or delay anything. When you file, petition for advancement on the docket under Rule 900 if you haven’t done so already.
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track22
Registered: 02/02/11
Posts: 23

	09/20/11	#3

Thank you..I am going to do as you say and I have peripheral nueropathy down and the gouty arthritis. I don’t know if I should proceed with the 1151 or not and the urinary problem. Although the kidney stones are down as calcified and that would be secondary to hep c also. I had better put that down also. The 1151 is all that I’m unsure about now. I asked for the rule 900 and the 1151 does have merit but I don’t have the time (yet) to sort it out. __________________ mdames@yrless.net
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RDMURPHY
Registered: 07/31/10
Posts: 49

	09/20/11	#4

File early and often
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track22
Registered: 02/02/11
Posts: 23

	09/20/11	#5

I did it on all 4 things and we recently filed an original claim on the hcc. The nexus states that it is secondary to the hep c cirrhosis so it is already covered too..talked to the VSO this morning to ask why the new evidence submitted isn’t on this list of evidence recieved and he told me he would add it if it made me feel better. Then we were headed to the file to see what he had and he said he didn’t have the files and that they were sent because of 4 c&p exams that are coming up. He told me that was a good thing. So at least we will be getting updated medical evidence to head to BVA with. __________________ mdames@yrless.net
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NODManager
Registered: 11/22/08
Posts: 654

	09/21/11	#6

Good heavens. <<< he told me he would add it if it made me feel better >>>Is the man daft? Of course he should include it. That’s why you submitted it. The VA operates on all the info supplied it. The SO cannot pick and choose what or what not to submit based on his own whims. This is your claim, not his. If he wants to operate that way, he may not be the right person to entrust with this. Any probative info that will enlighten the process should be submitted. VA would be overjoyed to find you had failed to file a F-9 on the 4 other items. It would lighten their workload. Heed the admonition of RD. Use the preferred Chicago method of voting with VA- file (vote) early and often. You can’t go wrong. The worst case would be VA telling you that you have filed out of order. That’s better than getting the letter saying “it’s too late because we didn’t receive anything within 60 days from you”.
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track22
Registered: 02/02/11
Posts: 23

	09/21/11	#7

I am typing the add on for the 1151 but their evidence record dodn’t show the nexus, the transplant records from nashville or vanderbilt, the primary care physicians statement that said he was terminal, unemployable and needed expedition last year, nor do i know if the physicians staement stating that he has peripheral nueropathy is in there with a note to only take gabapentin if absolutely needed because of the liver. I know all of that is basically the important part of the claim. I read some of the posts on here and made a list. Maybe they realized there were no c n p exams ordered and the denial wasn’t based on current medical records. He is tired again and his liver enzymes are starting to elevate so we need that to be included. __________________ mdames@yrless.net
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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94

	09/21/11	#8

Track, Right on point about making sure as much evidence is in the file “and listed” … NOD knows the right road for certain, no ifs ands or butts about it. Imagine this, my Veteran husband and I arrived at a Board of Veterans Appeals hearing and found out the VSO had not forwarded updated medical evidence The Honorary Sir Judge needed to make a decision on my husbands claim ! I had sent it directly to them 6 weeks prior; at that time we were 7+ years into the claim process and so I knew taking a copy of the new evidence would be a good idea. The Honorary VLJ requested unnamed VSO to FAX it immediately as he sat there and waited for it to arrive to be added to the file. VSO’s can be helpful but they are not worth anything if they don’t do the right thing in a timely manner. It’s smart business to be actively involved in the claim and make sure everything you want in there is in there. As NOD mentioned, its your claim and not the VSO’s. Good thoughts out to you for continued strength to manage each day, and to your husband. AZeeJensMom P.S. We did eventually win his claim at 100% sc for the HepC on its own. So, stay as positive as possible and reach out if you ever need to. (((( hugs ))))
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NODManager
Registered: 11/22/08
Posts: 654

	09/21/11	#9

Something at this stage of game should be considered. To be totally safe, I would mail the records Cert. mail, Return receipt requested (CM3R) to the VARO myself. I had the misfortune to have the Ratings honcho call my in May 2008 and say “Dude. We’re getting ready to rate you but there are no current medical records for the last six to eight months. What gives?” My VSO, Military Order of the Purple Nurple, had failed to forward my nexus and latest medrecs after I handed them over.To fix this, I faxed them and mailed them CM3R mega pronto.Take no chances.
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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94

	09/22/11	#10

One more thought on this and NOD’s suggestion to mail them Certified Mail, Return Receipt Requested…… Include a short cover letter listing what you are sending the VA. Just write something brief like: September 22, 2011 Dear Sir/Madam: The following evidence is submitted to be included in my claim file: Dr. A – records June 2008 – July 2011 Dr. B – records September 2009 – September 2011 Buddy Statement, John Doe, dated August 12, 2011 Thank you. Veteran Signature And so on ……. Be sure to keep a copy of anything you send to the VA for yourself, as you probably already know. Staple the sent receipt and the signed received green card to the cover letter and stack. A duplicate copy sent via FAX is a safety net for certain, if there aren’t alot of records which would cost too much $$$, or perhaps you have a FAX machine or know someone who does. Either way, CMRR is cheap proof the VA received your package.
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RDMURPHY
Registered: 07/31/10
Posts: 49

	09/22/11	#11

track22 you are getting excellent advice from nod and co. Allways assume the worst when dealing with VA. When I filed the 2nd time afte my transplant i sent complete records to houston varo. they transfered my claim to roanoke va as they were swamped. However they “frogot “to send all the supporting docunemtation. If I had not been birdogging my claim I probobly would have been denied or at least delayed. CYA is the order of theday. Also how do you tell if a SO or VSO is lying? His lips are moving. Have had very good help from DAV here in TX. Sadly had one NSO ask me point blank what did I want because in his mind I was close to 100% and I needed to be quiet and go home.Needless to say he will no longer even speak to me. no loss. Good fourtune to you and yours