Ask Your VA Claims Question | Current Forum Posts | Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users
- 0
tdiu Va Didn't Read Evidence. What Now?
Rate this question
Ask Your VA Claims Question | Current Forum Posts | Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users
Rate this question
Question
Sergeant G
I filed an appeal regarding my entitlement to an earlier effective date for my award of individual unemployability (IU) on March 1, 2011. Last Wednesday, I received a Statement of the Case (SOC), which confirmed the current effective date.
I’m mad as hell because the morons at the regional office ignored the document I submitted as my appeal. Even though they obviously received my appeal (since they responded with an SOC), they did not list the document under the evidence considered on the first page of the SOC. Also, when I visited the (Boston) regional office (RO) in July, I saw my appeal at the very top of my claim file, so there is no excuse for the author of the SOC to miss it. Like I said, morons.
Also, the SOC is essentially a restatement of the rating decision I appealed. The appeal I submitted was 16 pages and thoroughly detailed the reasons why the rating decision was incorrect; however, the SOC did not address a single one of the issues I raised.
Is there a way for me to compel the RO to read the evidence they ignored and have them issue a Supplemental Statement of the Case (SSOC)? I plan to file a Substantive Appeal within the next 60 days to perfect my appellate rights; however, I don’t think I should have to wait 2+ years for a BVA hearing merely because of someone’s laziness and incompetence at the RO level. Furthermore, according to the M21-1MR, an appeal cannot be certified for the BVA docket if it requires corrective action.
Any thoughts? Thanks!
Sergeant G
Link to comment
Share on other sites
Top Posters For This Question
7
2
2
2
Popular Days
Oct 31
13
Nov 1
2
Nov 2
2
Top Posters For This Question
Sergeant G 7 posts
carlie 2 posts
john999 2 posts
halos2 2 posts
Popular Days
Oct 31 2011
13 posts
Nov 1 2011
2 posts
Nov 2 2011
2 posts
Posted Images
16 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now