Video instructions and help with filling out and completing Fill Form 5495 Veteran

Instructions and Help about Fill Form 5495 Veteran

Today we're going to talk about the VA Form 9 it is your formal appeal to the board of veterans appeals for disability benefits claims in the VA system my name is Zach Evans I work at Woods and woods attorneys in Evansville Indiana and I practice in the area of veterans benefits the VA Form 9 is intended to escalate the matter from the regional office which is a matter of service connection or the issue of a the propriety of your rating or the issue of even unemployability so it takes those issues and then elevates them to a body known as a board of veterans appeals board of veterans appeals being the decision-making body over the regional offices that reviews their decisions for adjudicative accuracy let's start off talking a little bit doing a review of the VA claims process we do Veterans Benefits appeals and you've begun a new claim likely and after a period of time the regional office will issue what's known as a rating decision and that is a quick look at your claim and your theory for how your conditions should be service-connected or why your rating should be higher than it already is and they will issue a decision on that so after the rating decision is sent to you you have one year to submit your notice of disagreement also colloquially known as an in OD once you file your in OD which is your notice of disagreement with the rating decision so you say VA I deserve this benefit and the VA says no you don't deserve this benefit you filed a notice of disagreement saying that that's an incorrect decision and then the regional office is supposed to issue to you what is known as a statement of the case we call that an SOC at this stage is where your form 9 comes into play so you have a your substantive appeal you have a timeline in which you have to submit that to the regional office that and it is the later of two dates so you have either 60 days from the date that the VA mails you the statement of the case your SOC or one year from when the regional office mailed the notice of disagreement to you you have the same the same rule on time frame to submit after a supplemental statement of the case an SSO see there's an important thing to note here though is in the vast majority of cases that we handle here at this office the wait time for a statement of the case due to the VA backlog on benefits claims is extremely protracted the safe bet here is to send it in as soon as possible with an eye towards 60 days you don't want to rely on that later of the two with a 1 year from the n OD being sent from the regional office oftentimes by the time our clients receive their statement of the case that one year from the n OD mailing date has long since run there's an exception with filing your form 9 on simultaneous contested claims that's where if two people are fighting over the same VA benefit and one person would win or receive the benefit to the detriment of the other person and they would lose you only have 30 days to appeal with a form 9 on those types of cases but in in most cases where you're just looking at claiming a benefit you're claiming service connection you're claiming an increased rating you're claiming that all of your service-connected conditions render you unemployable you're still looking you're looking at the 60 days or one year the later of the two again I would encourage you to send your appeal in as soon as possible with an eye towards the 60 days so a substantive appeal on your form nine should mirror your statement of the case for the issues that you want to appeal so when you look at your SOC that's sent to you by the regional office and you're going to fill out your form nine on the issues that you were denied on the statement of the case you want to make sure that you're you're matching those you at least have an accounting of all of those so you don't want to leave off items on your form nine that appeared on your statement of the case because if you intended to continue to fight those issues and you leave them off the form nine your claims gonna die and it's not going to move on to the board of veterans appeals for further consideration you can receive what's known as a good cause extension for your form nine filing date however it's not recommended the VA has significant latitude and whether or not they can grant these extensions for your form nine timeline and denials at the court of veterans appeals they're very difficult to achieve and that's because of the latitude of the VA has and the only way that you can get those denials for your good cause extensions overturned as if you can show an abuse of discretion at that level which is very difficult to do so again I would encourage you to file your form nine in as timely a manner as possible as soon as possible with an eye towards sixty days if you have any questions about your substantive appeal your form nine questions about your case in total please contact us this is what we do this is our area of expertise we'd be more than happy to look at your case and help you out see if we can get you the right answer Music you