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Claim Finished They Are Issuing A Statement Of The Case, Does This Mean I Lost?

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Adrienne100

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HI I am a 100% sc veteran, I appealed to the ro dro for back-pay to 1992 because thats when I originally filed my claim. It's been to BVA 3 times, the last time they made disability service connected. It's been 18 years since I started.

Last time they originally denied a percentage over 0%, but I asked that they review claim before it goes back to BVA, they did and granted 70% which added to 90% with the others and gave me 100% for unemployability.

They backdated my claim from the date I asked them to review the denial, about 6 months.

I asked for a dro review for back pay for the 18 years, just heard today that they are issuing a statement of the case

My question:

Does this mean I have lost that decision? I am thinking Statement of the Case is bad because it isnt an award letter

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I also just got a SOC, and yes, it was a denial, where they are sending it to the BVA. I have never heard a SOC with an award.

I recently got a SOC from a NOD I filed in July 2009. Accompanying it was a DRO Decision granting service connection for one of my appealed claims and increasing the rating for another. So, it might not be all bad. Good luck.

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  • HadIt.com Elder

When you file a claim you ask for the maximum benefit. If you don't get the maxium benefit that generates a SOC. If you are awarded IU and don't get the Chapter 35 (P&T) benefit you would get a SOC. The VA standard is that when you file any claim you are asking for the maximun benefit available for that disability. The VA seems to forget this in my cases especially where there is some SMC involved like housebound.

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  • HadIt.com Elder
I recently got a SOC from a NOD I filed in July 2009. Accompanying it was a DRO Decision granting service connection for one of my appealed claims and increasing the rating for another. So, it might not be all bad. Good luck.

An award letter detailing the VA's findings and totaling your final percentage should normally accompany the SOC if there is a grant/increase of benefit by the DRO.

In this case I would strongly suspect a denial. Appeal it!

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