"Ask NOD"

BVA-- Form 9 w/o Form 9

From: Posted by
Category: -
Date: 09/17/08

Comments

Citation Nr: 0613126 Decision Date: 05/05/06 Archive Date: 05/15/06 DOCKET NO. 04-08 304 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office (RO) in Oakland, California THE ISSUES Entitlement to service connection for diabetes mellitus and hepatitis C, to include whether the veteran timely appealed a September 2000 rating decision, in which the RO denied service connection for diabetes mellitus and hepatitis C. REPRESENTATION Veteran represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD L. J. N. Driever, Counsel INTRODUCTION The veteran had active service from March 1968 to March 1970. This claim comes before the Board of Veterans' Appeals (Board) on appeal of a January 2003 determination of the Department of Veterans Affairs (VA) Regional Office (RO) in Oakland, California. Below, the Board decides favorably the timeliness issue and REMANDS the claims of entitlement to service connection for multiple sclerosis and hepatitis C to the RO via the Appeals Management Center (AMC) in Washington, D.C. FINDINGS OF FACT 1. In September 2000, the RO denied the veteran entitlement to service connection for multiple sclerosis and hepatitis C. 2. In January 2001, the RO received a written statement from the veteran, in which he disagreed with the RO's September 2000 rating decision. 3. In August 2001, the RO issued a statement of the case. 4. In September 2001, the RO received from the veteran a written statement that can be construed as a substantive appeal of the RO's September 2000 rating decision. CONCLUSION OF LAW The veteran timely appealed the September 2000 rating decision, in which the RO denied service connection for multiple sclerosis and hepatitis C. 38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.200, 20.202, 20.300, 20.302, 20.303, 20.305 (2005). REASONS AND BASES FOR FINDINGS AND CONCLUSION In September 2000, the RO denied the veteran entitlement to service connection for multiple sclerosis and hepatitis C. In January 2001, the RO received a written statement from the veteran, in which he disagreed with the RO's September 2000 rating decision. In August 2001, the RO issued a statement of the case (SOC). Appellate review is initiated by a notice of disagreement (NOD) and completed by a substantive appeal filed after a SOC has been furnished to an appellant. 38 U.S.C.A. § 7105(a) (West 2002); 38 C.F.R. § 20.200 (2005). A substantive appeal must be filed within 60 days from the date that the agency of original jurisdiction mails the SOC to the appellant, or within the remainder of the one-year period from the date of mailing of the notification of the determination being appealed, whichever period ends later. The 60-day period may be extended for a reasonable period on request for good cause shown. The request for such an extension must be in writing and must be made prior to expiration of the time limit for filing the substantive appeal. 38 U.S.C.A. § 7105(d)(3) (West 2002); 38 C.F.R. § 20.302(b) (2005). The substantive appeal must be filed with the VA office from which the claimant received notice of the determination being appealed unless notice was received that the applicable VA records were transferred to another VA office. 38 U.S.C.A. § 7105(b)(1) (West 2002); 38 C.F.R. § 20.300 (2005) A substantive appeal consists of a properly completed VA Form 9 (Appeal to Board of Veterans' Appeals) or correspondence containing the necessary information. Proper completion and filing of a substantive appeal are the last actions the veteran needs to take to perfect an appeal. 38 C.F.R. § 20.202 (2005). In the absence of a properly perfected appeal, the Board is without jurisdiction to determine the merits of the appeal, and the determination becomes final. 38 U.S.C.A. § 7105 (West 2002); Roy v. Brown, 5 Vet. App. 554, 556 (1993). In a case in which a written document is to be filed within a specified period of time, a response postmarked prior to expiration of the applicable time limit will be accepted as having been timely filed. In the event that the postmark is not of record, the postmark date will be presumed to be five days prior to the date of receipt of the document by VA. In calculating this 5-day period, Saturdays, Sundays and legal holidays will be excluded. 38 C.F.R. § 20.305(a) (2005). In computing the time limit for filing a written document, the first day of the specified period will be excluded and the last day included. Where the time limit would expire on a Saturday, Sunday, or legal holiday, the next succeeding workday will be included in the computation. 38 C.F.R. § 20.305(b) (2005). 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.

Cutie Pie Pass xHamster

From: cutiepiepass
Category: General Info
Date: 08/21/09

Comments

Cutie Pie Pass xHamster - http://join.cutiepiepass.com/track/MjAzMDozOjg/

Gallery Galore Moms Teaching Teens

From: momsteachingteens
Category: General Info
Date: 08/21/09

Comments

Gallery Galore Moms Teaching Teens - http://join.momsteachingteens.com/track/NTAwMjMzNToxMDoz/

Last changed: 08/21/09