Opinions here on Hadit, as elsewhere, are like Rectal Orifices, everybody has one, right.
Here's mine, File an application for VA Vocational Rehabilitation on you E-Ben E-File Site. I know, you can't possibly work, you sound too Fracked Up.
In a few weeks you'll meet with a VA Voc Rehab Councilor. at which time you will discuss your Inability to do any type of work, due primarily to your SC Conditions. The VRC will agree that your not eligible, at the present time, for the Voc Rehab Program. Ar which point, you will ask for an Official VA Vocational Rehab Program Denial Letter discussing how your SC's preclude you from any type of Voc Rehab Training, to include SEDENTARY work.
The VRC will advise you of your eligibility for the VA IL (Independent Living) Program, which we can discuss later.
If you haven't already done so, start a IU FDC Claim on your E-Ben site, to lock in the file date for Retro, just don't hit the SUBMIT button yet. As soon as you get the VR Denial Letter, attach it as a Pdf to your FDC and hit the Submit Button.
If you own or are buying your home, the VR Denial Letter can be used immediately, to Qualify for your state's (If available) DAV 100% or IU Vets Residential Property Tax Exemption.
Ain't that the truth James...
I would just request reconsideration for another C&P FROM the C&P Dept Chief at the comp& pen office.
Also check your e benefits account for ANY INFORMATION LIKE THIS. check at least 2 or three times a week especially if you know they are going be scheduling you one? or call the 1-800 # These C&P 's are some times hard to get them to schedule ya one...but its a good chance in getting your claim approved.
Once an SOC is issued, the DRO process is complete. If the appeal continues, it is now under the Traditional appeals process. DRO authority does not extend beyond the issuance of the SOC.
In order for a Veteran to continue the appeal, the VA must receive a Substantive (Formal) appeal, which is a VA Form 9, Appeal to Board of Veterans’ Appeals, or an equivalent statement of intent to continue the appeal. There is no legal requirement that a specific VA Form must be received in order to continue an appeal, but VA must receive some form of communication in writing from the Veteran or his Representative indicating an intent to continue the appeal.
If the VBA says that you were scheduled for an exam and it was mailed to your proper address, then the rule of regularity comes in to play. The rule of regularity says that the USPS is dependable and delivers the mail with regularity. if you contend that you did not get your mail, it is up to you, somehow, to prove it. ???????????
However, you can just state that you forgot, and beg for forgiveness, you don't have to prove that one..
DRO de novo revue comes first, then the statement of the case granting or denying, if denied, you only have 90 days from the date of the SOC to file a form 9 to perfect the claim for certification to the BVA. Lets just hope that it doesn't go that far. I have had two experiences with a DRO revue, first was denied and it was granted at the BVA. The second was granted at the DRO regional level. Good luck.