Is There Any Benifit To Requesting A Board Hearing?

[jecsb4]

I am preparing my Form 9 form the SOC I received. They failed to even address several issues in the SOC, even though I had sumbitted medical data and even had C&P exams for thoes issues.

So what is the pro / con of a local hearing VS a DC hearing VS no hearing?

Joe

[Stretch]

Joe,

Was this an SOC (Statement of Claims) or an SSOC (supplemental statement of claims).

There is a difference between the two. Look at the top of the letter to see if it is supplemental statement of claims.

[jecsb4]

Was this an SOC (Statement of Claims) or an SSOC (supplemental statement of claims).

There is a difference between the two. Look at the top of the letter to see if it is supplemental statement of claims.

Stretch,

It is a Statement of the Case (not a SSOC) from my NOD on my initial claim. The weard thing is they didn't say anyting about some of my issues but did say that "this is a partial grant of benifits sought on appeal".

So now I get to do a form 9 with out all the VA responses on my issues! Very onesided.

I was told by the 1800 clerk I was awarded an increase and would get an award letter, but she would not tell me how much and that was 2 weeks ago.

Strange is I did the IRIS email thing and the VA responded saying that unoffically I was awarded 80%. This is an increase from my 30%.

I have gotten copies of my VA exams and basically they found more much more wrong with me than I claimed.

So I don't know what I should do, wait for the VA letter or file new or secondary claims....

This procress is consuming me...I need to prevent a further degration in my mental health.

Joe

[Vike17]

jecsb4,

In a prior post I explained what probably what happened. A partial grant in benefits means the VA was able to grant some, but not all, of your issues on appeal. You need to read the entire Statement of the Case. As I said before in my previuos post, if the VA granted an increase for a certain disability but couldn't grant the maximum amount allowable by the rating schedule, then that issue will also be on the SOC as to why the were able to grant an increase but not the full amount. If this is the case, the SOC will state this.

I'm also willing to bet that since this was a partail grant in benefits, under "adjudicative actions" there is probably a rating decision listed that was produced either the same day the SOC was issued or a day before or afterwards. It would probably say something along the lines of " (insert date here) rating action taken granting increased evaluations for such and such service-connected disabilities and granting service-connection for such and such disability(ies) ect..." depending on what your issues are on appeal. Furthermore, take a look atthe "reasons and basis" section, there it should outline why a certain action was taken in regards to a specific issue.

"It is a Statement of the Case (not a SSOC) from my NOD on my initial claim. The weard thing is they didn't say anyting about some of my issues but did say that "this is a partial grant of benifits sought on appeal"

The issues that you addressed in your NOD that weren't listed in the SOC was more than likely granted in the rationg decision that is still forth coming. Read the entire SOC!

"So now I get to do a form 9 with out all the VA responses on my issues! Very onesided."

You do have 60 days from the date of the SOC to submit new evidence or the Form 9, Just hang tight until the rating decision comes granting some of your issues on appeal and you'll have all of your "VA responses."

"I was told by the 1800 clerk I was awarded an increase and would get an award letter, but she would not tell me how much and that was 2 weeks ago...Strange is I did the IRIS email thing and the VA responded saying that unoffically I was awarded 80%. This is an increase from my 30%"

Read the entire SOC. I'm willing to bet the increases are mentioned in the SOC!

"I have gotten copies of my VA exams and basically they found more much more wrong with me than I claimed...So I don't know what I should do, wait for the VA letter or file new or secondary claims...."

It all depends on what the exam found and what your claimed disabilities are. If the conditions they found were a part of the same bodily etiology of the claimed disability, such as scoliosis related to a lower back claim, then that disability would not warrant a seperate rating. VA Pays compensation for a disability to a certain body system, not the diagnosis.

The bottom line is you need to read the entire SOC. There you will more than likely find all of the answers to your questions.

The only difference between a SOC and a SSOC is a SSOC will only address any new or addtional evidence that was submitted to the VA in response to a SOC. The time line for submitting the Form 9 or any other new evidence is the same: 60 days. The format in which the two are written is also basically the same except for the name.

Vike 17

[betrayed]

This procress is consuming me...I need to prevent a further degration in my mental health.

Joe

Been there done that, put me in the nuthouse 3 0r 4 times I lost count. The only advice I can give is back off when you can. Put it away and dont look at it if your not under a time constraint. Then when you feel better go back to it, work on it. I had heart surgery in june, a meeting with the VARO HMFIC and a DRO hearing in July (both on the same day) and when it was over I couldnt look or touch the crap for three months.

"This procress is consuming me."

YES IT WILL, IT IS A BIG EVIL MONSTER WITH VERY SHARP TEETH AND WILL SWALLOW YOU UP IN A HEARTBEAT IF YOU LET IT.

[jecsb4]

jecsb4,

"In a prior post I explained what probably what happened. A partial grant in benefits means the VA was able to grant some, but not all, of your issues on appeal. You need to read the entire Statement of the Case. As I said before in my previuos post, if the VA granted an increase for a certain disability but couldn't grant the maximum amount allowable by the rating schedule, then that issue will also be on the SOC as to why the were able to grant an increase but not the full amount. If this is the case, the SOC will state this."

Vike,

Yes the SOC sayys it increased my feet from 0 to 30 but not to 50 and kept some other issues in the NOD the same %. They failed to mention the decision on several other issues.

"I'm also willing to bet that since this was a partail grant in benefits, under "adjudicative actions" there is probably a rating decision listed that was produced either the same day the SOC was issued or a day before or afterwards. It would probably say something along the lines of " (insert date here) rating action taken granting increased evaluations for such and such service-connected disabilities and granting service-connection for such and such disability(ies) ect..." depending on what your issues are on appeal."

My SOC did not contain a adjudicative actions section!

"Furthermore, take a look atthe "reasons and basis" section, there it should outline why a certain action was taken in regards to a specific issue."

My SOC did not contain a reasons and basis section. Maybe this information will be in the award letter that the 1800 lady said I should be getting.

"The issues that you addressed in your NOD that weren't listed in the SOC was more than likely granted in the rationg decision that is still forth coming. Read the entire SOC!"

I have read the SOC that was mailed to me. I guess I have to wait fo rthe award letter. It is difficult to do a Form 9 when I don't have the VAs final decision on several of my issues and I have to wait for this forthcomming award letter so I can write a logical rebuttal if necessary.

Joe

[Vike17]

jecsb4,

"Yes the SOC sayys it increased my feet from 0 to 30 but not to 50 and kept some other issues in the NOD the same %. They failed to mention the decision on several other issues."

The VA did the correct thing when they addressed the issue of your feet not being able to be increased to 50%. Since they could not able to grant the highest award allowable under the rating schedule, they needed to put this issue in the SOC. The forth coming rating decision will tell why they were able to grant the 30% rating. As far as the other issues being kept at their respective evaluations, the VA also did the correct thing by addressing why they couldn't be raised. As far as the other 'several issues' not being mentioned, they were either granted the full amount allowable by the rating schedule and will be addressed in the forth coming rating decision, or they are still pending review by the DRO.

"My SOC did not contain a adjudicative actions section!...My SOC did not contain a reasons and basis section..."

Could you post the actual SOC by scanning it and deleteing the personal info? It would interesting to see this incomplete SOC!

Vike 17