Navy4life

Agree 100% Buck!  Patience is a virtue for me!  Right now traveling I-49 to I-10, Louisiana heading to Ft. Lauderdale!  Got my girlfriend for the road trip.  This is what i needed.  Dallas is no longer my home!  Beach life for me and my man.  Can't wait.  I am not going to try and let this consume me today....
Right now she is driving and singing to the tunes, windows down, sunroof open :)  
Life is good...

Hang in there Ruready!  I understand you are frustrated!  I am too and I wish the DRO would just decide on my NOD for God's sake!  

Asknod;
i was waiting for your response!  Thank you!

Great info /explantion from Asknod

My questions are:
1. Wasn't I supposed to receive the SOC? When you file a NOD, you have two paths you can take. A traditional path to the BVA without a DRO review or 38 CFR  3.2600 (DRO review) The traditional path will send you the SOC ( usually 16 months) and you have 60 days to file the VA 9. The DRO path will result in a de novo review and either the granting of the claim or the issuance of the SOC. In some cases, you win some of your appeal issues and the SOC is issued for those denied.
2. Will I receive an SOC regardless of the outcome of my DRO hearing? Yes.  If they grant all your claims but there still is a higher rating available that was not granted, then the claim remains in contention. AB v Brown (1994) said that a Vet is seeking the highest rating possible and therefore the claim remains in appellate status until you quit fighting it or you win all that is possible to win. 
3. When I filed out the VA21-0958 one of the questions specifically asks the Veteran to list the service connection and % the Veteran feels warrants the service connection. Obvisously this is what I feel I deserve but is this actually something the DRO reviews and considers? VA must grant any and all benefits to which we are entitled to by law and which they have the power to grant. If you have hammer toe and ask for a 60% rating for it in the 21-0958, you're not going to win regardless how you feel on the subject. The ratings schedule is set out in Part 4. You can ask for the moon but if the rating doesn't go that high, they cannot award it. 
4.  Since I never received the SOC is that any violation of my rights? No. You cannot receive the SOC until the DRO makes a decision on what to grant and what to deny. You usually receive two documents after a review. One is a new rating sheet telling you what you won or lost and the other is the SOC explaining why. At that point you have 60 days to file a VA 9 or the balance of the year from the day you received the initial denial you filed the NOD from.
By law, you can rebut the SOC with new and material evidence. If you do, and VA still denies you, they send out a SSOC explaining why (or they grant the claim). If they continue the denial in a SSOC, you have 30 days to rebut the SSOC- or file your VA 9. Remember, once you file the VA 9, the VA begins the process of wrapping up the appeal, certifying it with a Form 8 and preparing it for transmittal to DC to the BVA. No more action will be taken on the appeal at the RO once the VA 9 is submitted. My world record was in 1991 with a SOC rebuttal followed by two SSOC rebuttals before I filed my VA 9. If you do this, time is of the essence in making sure you do not blow the suspense date(s). Green cards and snail mail are de rigueur when doing this nowadays. No eBennies or electronic filings. I delivered mine to the Seattle RO and had them hand stamped. And yes. I still lost.

Navy4life  this is
in M21-MR,PORT I CHAPTER 5  Section D
You may want to look these up!
Good Information on SOC about two different Jurisdictions on Issues of SOC & SSOC
  Statement of the Case (SOC) and Supplemental Statement of the Case (SSOC)

 
   
 

The 30+ PDF files you have in separate files are a lot.  I just looked for the occupational and social impairment portion which is on PDF #2 and that wording sounds like a PTSD rating closest to 70%.
Here are the ratings for PTSD:
0% – A mental condition had been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication.
10% – Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication.
30% – Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events).
50% – Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech (meaning one sounds like they are on speed but they are not. This is a natural and physical outward expression of a chemical imbalance in your brain. An aspect that might appear most frequent in those with TIB ); panic attacks more than once a week; difficulty in understanding complex commands; impairment of short-and long term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships. (This goes beyond hard to get along with).
70% – Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsession rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a work like setting); inability to establish and maintain effective relationships.
100% – Total occupational and social impairment, due to such symptoms as: gross impairment of thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.

I went to a C&P exam at a QTC for my ankle and they added secondary scars to my overall rating.  

I went to a C&P exam at a QTC for my ankle and they added secondary scars to my overall rating.  

My FDC for an increase was done in 3 months.  Jan. 2016 to Mar. 2016.
 

Life is precious and glad you were able to communicate with the Vet T-Bird.  I have never felt so down that I wanted to ended it all but I have come really close b/c I have thought about it.  I can't imagine the pain some of the Veteran's feel due to all the trauma we have all experienced.  I want to help Veteran's out as much as possible and I am considering getting involved with a program at the local VA to do just that.
Thank you again for all that this site offers and does for Veteran's!!!

Life is precious and glad you were able to communicate with the Vet T-Bird.  I have never felt so down that I wanted to ended it all but I have come really close b/c I have thought about it.  I can't imagine the pain some of the Veteran's feel due to all the trauma we have all experienced.  I want to help Veteran's out as much as possible and I am considering getting involved with a program at the local VA to do just that.
Thank you again for all that this site offers and does for Veteran's!!!

Life is precious and glad you were able to communicate with the Vet T-Bird.  I have never felt so down that I wanted to ended it all but I have come really close b/c I have thought about it.  I can't imagine the pain some of the Veteran's feel due to all the trauma we have all experienced.  I want to help Veteran's out as much as possible and I am considering getting involved with a program at the local VA to do just that.
Thank you again for all that this site offers and does for Veteran's!!!

Berta, thank you, you are the first person that I talked with on this site and your advice was invaluable.
N4L, I guess that "feeling in your bones" is nothing to poke fun at :)

Green;
That is AWESOME!!  I knew it would be successful!  I had a gut feeling!!! 

To close out this thread, I was awarded 100% P&T yesterday.  It still feels surreal.  I am appreciative of this site, and the many folks I learned and received encouragement from.

When I filed my NOD in 2014 I was with the Roanoke RO office.  Let me also state that when I filed my NOD I specifically asked for a DRO hearing so that I would be able to discuss my NOD in person.  My NOD sat dormant until February 2016 when I had my DRO review hearing in Waco, TX.  I had moved to Texas while my NOD was pending.  I submitted N&M evidence to my DAV rep for my upcoming DRO hearing.  At the hearing I chose "informal" hearing but you have the choice to go formal if you so choose to do so.
I received a lot of sound advice from this forum and I read this link too:
http://www.disabilitysecrets.com/resources/disability/veterans-disability/dealing-a-dro-veterans-disability
Be sure to prepare for the hearing by ensuring you have all your documents in order.  I created a binder, one for me, and one for the hearing officer.  This was a great method b/c during the hearing I was able to communicate with the DRO hearing officer page by page, tab by tab as to what I was trying to get across to him.
I have been waiting now for almost 2 months for the decision.  I was told by others here it's a "hit/miss" you just never know when you are going to get the decision.  I feel my case was thoroughly argued before the DRO hearing officer and I feel confident I will get some type of good news.  I am optimistic.  My decision pending date is 9/28/16 so we will see.
Just make sure you request the DRO hearing in your NOD.  You don't have to go into detail on the NOD, at least that is my opinion.  Others might disagree but I feel your hearing is where you have the greatest opportunity to discuss and show the DRO hearing officer your stance.  Make sure any N&M evidence is presented to the DRO hearing officer either prior or at the hearing.  Make the binder in chronological order and easy to guide the DRO hearing officer through it.  If you have a rep, get with them prior to the hearing.
Be prepared to wait for about 2 years for a hearing.  Might be sooner might be longer BUT as long as you have requested the DRO review hearing in your NOD they have to afford you a hearing!
Good luck!

When I filed my NOD in 2014 I was with the Roanoke RO office.  Let me also state that when I filed my NOD I specifically asked for a DRO hearing so that I would be able to discuss my NOD in person.  My NOD sat dormant until February 2016 when I had my DRO review hearing in Waco, TX.  I had moved to Texas while my NOD was pending.  I submitted N&M evidence to my DAV rep for my upcoming DRO hearing.  At the hearing I chose "informal" hearing but you have the choice to go formal if you so choose to do so.
I received a lot of sound advice from this forum and I read this link too:
http://www.disabilitysecrets.com/resources/disability/veterans-disability/dealing-a-dro-veterans-disability
Be sure to prepare for the hearing by ensuring you have all your documents in order.  I created a binder, one for me, and one for the hearing officer.  This was a great method b/c during the hearing I was able to communicate with the DRO hearing officer page by page, tab by tab as to what I was trying to get across to him.
I have been waiting now for almost 2 months for the decision.  I was told by others here it's a "hit/miss" you just never know when you are going to get the decision.  I feel my case was thoroughly argued before the DRO hearing officer and I feel confident I will get some type of good news.  I am optimistic.  My decision pending date is 9/28/16 so we will see.
Just make sure you request the DRO hearing in your NOD.  You don't have to go into detail on the NOD, at least that is my opinion.  Others might disagree but I feel your hearing is where you have the greatest opportunity to discuss and show the DRO hearing officer your stance.  Make sure any N&M evidence is presented to the DRO hearing officer either prior or at the hearing.  Make the binder in chronological order and easy to guide the DRO hearing officer through it.  If you have a rep, get with them prior to the hearing.
Be prepared to wait for about 2 years for a hearing.  Might be sooner might be longer BUT as long as you have requested the DRO review hearing in your NOD they have to afford you a hearing!
Good luck!

And, always keep in mind, the VA Reg regarding Receipt of New & Material Evidence related to a pending appeal, DRO or BVA. The reciept of which, is supposed to trigger an "Automatic Review" of the N & M Evidence by a Sr Rater or actual DRO. If they are unable to award your claim, based on the "Review," a SSOC (Supplemental Statement of Case) is mailed to you, continuing your Denial and Appeal.
There is always the slim chance, your N & M Evidence is so compelling, an award by either the Sr Rater or DRO will be made. At the very least, you'll know if the Sr Rater or DRO, agreed with how strong you thought your evidence was.
Think about filing an Official Request for an "Informal DRO Evidence Conference."
Semper Fi

When I filed my NOD in 2014 I was with the Roanoke RO office.  Let me also state that when I filed my NOD I specifically asked for a DRO hearing so that I would be able to discuss my NOD in person.  My NOD sat dormant until February 2016 when I had my DRO review hearing in Waco, TX.  I had moved to Texas while my NOD was pending.  I submitted N&M evidence to my DAV rep for my upcoming DRO hearing.  At the hearing I chose "informal" hearing but you have the choice to go formal if you so choose to do so.
I received a lot of sound advice from this forum and I read this link too:
http://www.disabilitysecrets.com/resources/disability/veterans-disability/dealing-a-dro-veterans-disability
Be sure to prepare for the hearing by ensuring you have all your documents in order.  I created a binder, one for me, and one for the hearing officer.  This was a great method b/c during the hearing I was able to communicate with the DRO hearing officer page by page, tab by tab as to what I was trying to get across to him.
I have been waiting now for almost 2 months for the decision.  I was told by others here it's a "hit/miss" you just never know when you are going to get the decision.  I feel my case was thoroughly argued before the DRO hearing officer and I feel confident I will get some type of good news.  I am optimistic.  My decision pending date is 9/28/16 so we will see.
Just make sure you request the DRO hearing in your NOD.  You don't have to go into detail on the NOD, at least that is my opinion.  Others might disagree but I feel your hearing is where you have the greatest opportunity to discuss and show the DRO hearing officer your stance.  Make sure any N&M evidence is presented to the DRO hearing officer either prior or at the hearing.  Make the binder in chronological order and easy to guide the DRO hearing officer through it.  If you have a rep, get with them prior to the hearing.
Be prepared to wait for about 2 years for a hearing.  Might be sooner might be longer BUT as long as you have requested the DRO review hearing in your NOD they have to afford you a hearing!
Good luck!

It goes to someone different, Wayne.  This is done to help to prevent fraud.  The idea is if one rater fraudulently approved someone, and it went back to a differnent guy when he sought an increase, then he would be caught.   It apparently isnt working, tho, as there is rampant fraud at VA.  
I think its the same way with a BVA judge.  

Gastone has good information on the NOD Process & 
Here'is  some more information 
This is  from a VARO  DRO  From Milwaukee Wi  stating how the VA Appeal process works,
''Submission for- the- Record.''
''By Matthew -Middlemas''
Clink on the link  and scroll down a little bit.
Maybe this will help you understand the process a little better.
https://veterans.house.gov/submission-for-the-record/matthew-middlemas-0
 
................................Buck
 

With the NOD filing, your options are Traditional Appeal to the BVA or DRO "DE NOVO" Review or actual DRO Hearing. The original Rater's job and involvement in your claim is done, unless you try the VA Reconsideration route.
With the BVA Appeal, your C-File stays at your RO until the Rating Dept Sr Raters sign off on it and transfer it to the BVA. Any and all N & M Evidence that you have submitted post Denial Decision is supposed to be addressed and SSOC issued if the Raters couldn't Reverse the Denial, based on your New Evidence.
With the DRO, don't set on your Mandatory New & Material Evidence, a Review could get Administrative Denied for failure to supply the N & M Evidence mandated for the DRO Process.
I was successful with the DRO Hearing route in 2014, that would be my choice, if I had to do it again.
Semper Fi

Ok, so here is the denial for migraines
"The appeal was remanded by the Board of Veterans Appeals for association of any outstanding treatment records with your claims file, a new VA examination to determine the etiology of your headache disability, and re-adjudication of the issue on appeal.
We have reviewed the evidence of record. A review of yout STR does not show complaint, treatment or diagnosis related to a headache conditions. A review of your VA treatment records shows your history of headaches and an opinion relating your headaches to chronic nasal obstruction and septal deviation, neither of which are service connected conditions. Your updated VA treatment records were associated with your claims file. On your VA examination conducted on March 4, 2016, you reported that your headaces began in 2002 while you were at Barksdale AFB. The examiner reported a diagnosis of migranes including migrane variants and opined that your condition was less likely than not incurred in or caused by service. The examiner reported Dr Bash indicated that your headaches are related to your service, however the opinion is elated entirely on lay statements and does not present any documentation of any headache condistion that was treated while in service. The examiner also reports that Dr Bash does not offer a rationale for his opinion other than lay statements.
The evidence does not show that your migranes were incurred in or caused by your service: therefore your claim for entitlement to service connection is denied.
The rule regarding benefit of reasonable doubt does not apply because the preponderance of evidence is unfavorable".
Note, Her Asthma claim was approved a day after we were denied for migraines. Dr Bash provided medical evidence and rational with clinical studies that asthma can cause a multitude of breathing problems, sleep disturbances, and migraines.
Response to Statement of Case
"With respect to the BVA issues on remand and my review of the CP exams that were conducted in FEB/MAR 2016, please consider,
It would seem clear and I trust that the AOJ will agree, that service connection for respiratory condition is in order and should be rated at the highest allowable compensation rating back to the original date of claim, based on the CP examiners opinion. (This happened)
What may not seem clear to the AOJ and I ask the adjudicator to review very closely, the issue of service connected headache/migraines. On the front, it may seem that service connection is not in order since the examiner was not able to opine in favor of service connection. But, it does not appear the examiner clearly opined whether it is least as likely as not, that the headaches/migraines are caused and/or aggravated by the respiratory condition. It seems that only direct military service connection was ever considered. I would also like to state that the CP exam that was conducted in FEB 2016 for respiratory condition, also addressed a Gulf War illness nexus. It appears that while service connection is not in order under the Gulf War nexus, it is clear that the examiner opined that the headaches are related to the respiratory condition that will likely be service connected.
In summary, I ask that the AOJ rate service connection not only for the diagnosed respiratory conditions, but also the resultant prostrating headaches/ migraines related to the respiratory condition on a casual and/or aggravated basis. I feel the evidence is there to rate at this time. I only bring this to attention to ensure all available nexus's are addressed, Thereby, avoiding further development by both parties for a satisfactory and favorable result. Please ensure CFR 3.102 REASONABLE DOUBT IS ADDRESSED IN MY FAVOR AS WELL AS RELITIVE EQUIPOISE, since Dr. Bash did opine favorably in his last IMO that there is a correlation with the soon to be granted asthma and the headaches. I ask that all probative value be assigned to past testimonials under CVA precedent opinion Moore V Derwinski is adhered. to, in which the AOJ discusses all new and highly probative evidence/argument as noted. To do any less would severely hamper a rebuttal to the BVA and or CVA.
Note, Service connection for Asthma was granted 1 day after submitting this disagreement to SOC.
So what are our chances here?

That's great!  Awesome!!!!