Simultaneously Contested Claim

[les]

I had a denial from a dro appeal. The ssoc says If you wish to respond you have 60 days from the date of this letter to respond (or 30 days if this is a "simultaneoously contested claim). You can simply write and to tell us in your own words what you disagree with in this ssoc and why. Will they look at this denial again at the dro level instead of going to the bva.

[Vike17]

Les,

The only way the DRO will take another look at your claim is if you submit new evidence within the 60 days of the SOC/SSOC. If you do this the DRO will review the new evidence to determine whether it warrants a grant in benefits sought on appeal or if a further denial is warranted. If the new evidence does not compel the DRO to grant the benefits sought on appeal, he/she will issues a SSOC outlining why the new evidence wasn't enought to grant your claim. The SSOC will only address the new evidence submitted! If the DRO is able to grant your appeal, they will issue a rating decision outlining their decision.

If you do not or are unable to submit new evidence and want to continue your appeal to the BVA, you must send in the VA Form 9 within 60 days of the date of the SOC/SSOC. DO NOT MISS THE 60 DAYS, otherwise, your claim is dead and youloose your effective date!

Vike 17

[les]

Les,

The only way the DRO will take another look at your claim is if you submit new evidence within the 60 days of the SOC/SSOC. If you do this the DRO will review the new evidence to determine whether it warrants a grant in benefits sought on appeal or if a further denial is warranted. If the new evidence does not compel the DRO to grant the benefits sought on appeal, he/she will issues a SSOC outlining why the new evidence wasn't enought to grant your claim. The SSOC will only address the new evidence submitted! If the DRO is able to grant your appeal, they will issue a rating decision outlining their decision.

If you do not or are unable to submit new evidence and want to continue your appeal to the BVA, you must send in the VA Form 9 within 60 days of the date of the SOC/SSOC. DO NOT MISS THE 60 DAYS, otherwise, your claim is dead and youloose your effective date!

Vike 17

Thanks Vike, I have to ask being this appeal was at DRO for 3 years and I have sent in a simultaneously contested claim. Will this be looked at soon or on the shelf for more years?

[Berta]

To clarify- you dont have a simultaneously contested claim Les.

This situation can arise when a vet has 2 wives and didnt divorce the first wife-and dies and both women apply for DIC-

or he DID divorce the first wife and the divorced wife as well as the present wife files DIC claim.

Also this situation can arise when the VA determines an apportionment of a vets comp be given to a spouse:

http://www.va.gov/vetapp97/files1/9702230.txt

"When a person having preferred entitlement dies, forfeits entitlement or otherwise becomes disqualified before receiving and negotiating the check for his/her share of the accrued benefit, pay the next person entitled based on relationship or reimbursement, if a claim is timely filed.

Simultaneous claims from persons with different preference status are not considered as contested claims."

Reference: For more information on contested claims, see M21-1MR, Part III, Subpart vi, 6 (TBD) or M21-1, Part IV, Chapter 5