Soc Evidence Not Listed Yet Submitted

[mountain tyme]

I have searched for this topic and I can not find an answer...

When you submit medical records to the VA for a claim and that evidence (medical records) is not listed on the SOC as part of the evidence used to determine your claim... and your claim has been denied or an increase not granted for a condition already service connected by the VA...

can you re-submit that evidence ...to support why your claim should be granted or increased? if that said evidence clearly supports a higher evaluation. Or would the VA state it is not new evidence?

trying to get all my ducks in a roll...

MT

Edited January 26, 2008 by mountain tyme

[Guest jangrin]

Tyme,

I believe what you have is the original decision that the VA sent to you when they sent you their rating. This being the case...

Once you file an NOD the VA is suppose to send you an SOC. THey will not send an SOC upon reciept of a reconsideration. To protect your claim date if you file for reconsideration, watch your time that you do not go past your one year date while your waiting. If you have not heard from the VA on the recon- file your NOD. That being said, this post was editied to protect a veterans rights to his original claim date. An NOD will send your claim to the appeals team. A reconsideration will be sent usually to a Rating DRO.

When you file an NOD the VA will then send you an SOC which will tell you exactly what they used to make their determination, and list it all.

If I asked for a recosideration I would send in all new and material evidense.

If I asked for an NOD right off, I would wait for the SOC, and see if I needed to get an independent IMO in support of my claim.

Either way, you will have a year fron the date of the decision of the original claim to get and submit new evidense.

It is up to you to get records from private doctors etc., it's up to VA to get records from government offices.

Good Luck.

Edited January 26, 2008 by jangrin

[Berta]

Someone here said:

"your reconsideration request will automatically become an NOD and your claim is sent to appeals."

Not SO-

A formal NOD MUST be filed within one year of the decision-whether reconsideration request is filed or not-

I cannot stress this point enough and have mentioned this fact here many many times-

The BVA web site shows how vets lost their EEDs and appellate rights believing that a reconsideration request would turn into a NOD-

Not True-

so I dont need to repeat this again I will post as new topic too

[Guest jangrin]

Tyme,

Just to be on the safe side, and to PROTECT your right to the origianl claim date, etc. I would do exactly as Berta recommends and ALSO in Addition To, would file a formal NOD if you do not get the desired results from your request for reconsideration.I would holf off for a bit to give the reconsideration request a chance to be processed ( but do NOT LET THE YEAR GO BY OR YOU COULD LOOSE YOUR CLAIM DATE.) Laws and rules are open to interpretation....usually by Judges or someone in authority, by all means protect your claim.

Generally, the reconsideration request is processed more quickly than a formal NOD. However, things do always work they way they are supposed to, and it is always the best advise to protect your claim.

Berta

I agree with you (PROTECT THE CLAIM), I will try to provide the information I was given regarding the reconsideration and NOD process, because either way it will probably help a vet, it could be on a work computer.-- Jangrin