Ssoc-got It Today

[SouthernBelle]

Got the SSOC today, apparently, the VA psych doctor who treats my husband saying he is at 70-100% isn't ENOUGH evidence to grant 70-100%. They denied again. What should I do now? They even read the NOD and said that the appointment that was on a Saturday happened because even though it was "input" on Saturday, the appointment happened. We have no record of it. Clearly, they (think) they do. Anyways, what should we do now?

[LarryJ]

How is this for a letter?

Dear Mr. Sanders,

I am requesting that the Department of Veterans’ Affairs Atlanta Regional Office CUE itself on the basis that the rater who wrote the Supplemental Statement of the Case is not a medical professional and cannot diagnose or evaluate the severity of a medical or mental issue; only a licensed medical professional can do that. The rater is supposed to only apply the rating schedule to the issue and, according to the treating psychiatrist, a VA psychiatrist, the rater is not correctly applying the rating schedule. The treating psychiatrist has stated that I am “not a candidate for even limited employment” based on his treatment and intimate knowledge of my mental health.

Again, I am asking that the Atlanta Regional Office CUE itself on this matter.

, and if necessary, please consider this letter to be a NOD on my claim #______________.

[SouthernBelle]

I like that! I'll add that now.

, and if necessary, please consider this letter to be a NOD on my claim #______________.

[Ricky]

Ok I am old and the mind no longer works quite right. This post indicated that a SSOC was received. Then we went into CUE's, NOD's, DRO hearings, reconsiderations etc....... Where are we?

If a SOC or SSOC has been received then the NOD and DRO process is over and the form 9 needs to be filed within the required time lines (60 days). A seperate letter needs to be sent to the RO requesting a hearing with a local RO rep if one is desired (this is different than the DRO hearing process).

However, the key is to get the form 9 filed, review your evidence and bounce it off the rating schedule. CUE is not warranted at this time. The rater has simply made an interpertation of the evidence.

After all is said and done fight like hell and move forward.

Edited November 4, 2008 by Ricky

[SouthernBelle]

I'm not sure where we are at either. I sent (by fax and mail) to the SCM's office the letter I posted here. I'm still going to file the form 9. What is a RO Rep hearing and how would that help? Is the rater supposed to apply the rating schedule or interpret the evidence? Those things are not the same. Are they supposed to both interpret evidence and apply the schedule? Does the VA consider these the same?

Ok I am old and the mind no longer works quite right. This post indicated that a SSOC was received. Then we went into CUE's, NOD's, DRO hearings, reconsiderations etc....... Where are we?

If a SOC or SSOC has been received then the NOD and DRO process is over and the form 9 needs to be filed within the required time lines (60 days). A seperate letter needs to be sent to the RO requesting a hearing with a local RO rep if one is desired (this is different than the DRO hearing process).

However, the key is to get the form 9 filed, review your evidence and bounce it off the rating schedule. CUE is not warranted at this time. The rater has simply made an interpertation of the evidence.

After all is said and done fight like hell and move forward.

[jbasser]

The RO has to follow the M21 and apply the rating schedule for each disability. Their interpetation is also based on the M21 and the rating has to proximate the severity of the disability. Now many RO's like to add their own input and rate as they want it to be. I can post the regs if you need them.

J

[SouthernBelle]

It seems to me that the rater is putting his/her own input to rate it what they want it to be.

The RO has to follow the M21 and apply the rating schedule for each disability. Their interpetation is also based on the M21 and the rating has to proximate the severity of the disability. Now many RO's like to add their own input and rate as they want it to be. I can post the regs if you need them.

J