c398x2

Timberlake v. Gober, 14 Vet. App. 122 (2000) http://www.va.gov/vetapp02/files02/0205332.txt Gonzales v. West, 218 F.3d 1378, 1380-81 (Fed. Cir. 2000) http://www.va.gov/vetapp03/Files/0320450.txt

http://www1.va.gov/ogc/docs/Prc19-97.doc

To all the shipmates that have responded I want to say TX for your input. I don’t want to belabor the issue here by being some sort of ‘sea lawyer’, but I still have some points that are not clear. QUESTION: The SOC (Statement of the Case) is in essence, the ‘discovery’ piece that the VA legally uses as theirs for the case to move forward up the ‘chain?’ For instance: The recently received decision claimed that ‘X’, ‘Y’ and ‘Z’ was used in making their (VARO) decision. There is no mention in the decision, that VA medical treatment records, where the alleged secondary injury (stroke) came from the long ago given VA compensible hypertension rating. (Note: The comment from the C&P Md. was that ‘why hadn’t adjudication viewed these VA medical records prior to the exam?’) By being that it was a ‘secondary’ but yet a NEW claim, the C-File was not available for the examiner. QUESTION: The VARO doesn’t legally want to issue the SOC until it feels that ALL attempts to ‘fully develop’ their case has been exhausted? The VARO holds onto the ‘case’ until the one year limit and then it could take up to another 18 months (36 months in this case) to decide whether the first decision was the correct one? In the meantime, the onus is on the Veteran to ‘discover’ what actual information, aside from that listed in the decision, was used to base the RO's decision? Can a FOIA (Freedom of Information Act) allow the Veteran any BETTER latitude? Now, if you haven’t grown tired of my writings by now, TX for staying with me. I’m already more than 30% and I repeat the only thing I’m trying to cover here is for the DIC portion for the minor daughter. If my death comes about from a secondary malady (stroke), she’d be covered in some regards thus the continued insistence on my part to get this thingie covered properly. The attorney chosen for MY estate is not as well versed as you guys here. TX in advance for your time and attention.

I have received from the RO, the results to additional claims. I’m sure all readers can guess what the ‘decision’ said. There’s an obvious glaring inconsistency as to what is on record and what the RO claims. QUESTION: I want to request the SOC but not file the NOD. Can I do that? My reasoning is that I want to know what they used as ‘evidence’ in making their decision but DO NOT want the 60-day clock requirement to start ticking with the filing of the NOD. TX in advance.