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?

[jbasser]

I have seen it first hand. These folks get on a Power trip and they think they are god.

They forget that we now know as much or more than they do.

You and your hubby will succeed. You will look back on this one day and then put it into perspective when you are helping another poor Vet who is going through the same thing.

Do not let up on them. Keep the pressure on, or as I used to tell Berta, Keep throwing punches. Eventually they will fall down.

When they do fall, Start kicking.

J

[SouthernBelle]

You're right about the power trips. We will succeed one way or another. I'll keep throwing the punches, but I'll get my husband to do the kicking.

I have seen it first hand. These folks get on a Power trip and they think they are god.

They forget that we now know as much or more than they do.

You and your hubby will succeed. You will look back on this one day and then put it into perspective when you are helping another poor Vet who is going through the same thing.

Do not let up on them. Keep the pressure on, or as I used to tell Berta, Keep throwing punches. Eventually they will fall down.

When they do fall, Start kicking.

J

[Ricky]

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?

Filing the form 9 is key since you have received a SOC/SSOC.

VA raters interpet the evidence, decided the weight to be apply to each piece of evidence and then use the rating schedule to see were each interpeted and weighted evidence falls within it.

If you believe that the evidence was missed, not interpeted or weighted correctly you can as part of your due process rights request a personal hearing with anyone within the VA system to discuss your claim. This can be done as long as the claim is active. Most in your situation would request a hearing with the VSCM or DRO. The RO may come back and tell you no but simply remind them that it is part of your due process rights governed by Title 38 and not some this is how we do it regulation. Another argument at the local level about how your evidence was or was not used could result in a favorable action for you. Some will say no but after filing my form 9 I continued to beat them in the head demanding a hearing with the VSCM. They gave me a hearing with a DRO instead. As I sat there explaining the valid points of my claim she took notes and shook her head. The results - full award of benefits sought with a 100 percent rating! So the point of my story - try it for it might just work. If not nothing then nothing is lost and you simply let it go to the BVA.

I would suggest that in preparing for the BVA you obtain a private IMO or two and insure that they get rid of some of the language I referred to in my previous post. If the medical condition of the vet meets the schedule requirements then most if not all will right the IMO in any style you desire with any wording you request. Many will even entertain the thought of you drafting the letter for them with will allow them to see what you are talking about. They will then issue their IMO using VA speak............ Good luck to you and your husband my friend.

[Torvald]

Ricky,

Thanks for mentioning that when submitting the Form 9 we can also request a personal meeting with the DRO. I was not aware that could be done after receiving the SOC.

You also mentioned possibly meeting with a VSCM. That term is not familiar to me - who or what is a VSCM?

Thanks.

[SouthernBelle]

VSCM: Veterans' Service Center Manager

Ricky,

Thanks for mentioning that when submitting the Form 9 we can also request a personal meeting with the DRO. I was not aware that could be done after receiving the SOC.

You also mentioned possibly meeting with a VSCM. That term is not familiar to me - who or what is a VSCM?

Thanks.

[SouthernBelle]

Can I just call to get a hearing with the DRO or do I have to write another letter? I have a good contact at the VSCM's office who is very willing to help (especially with checking that documents are actually in the file!) What do you think? Write another letter or call?

Filing the form 9 is key since you have received a SOC/SSOC.

VA raters interpet the evidence, decided the weight to be apply to each piece of evidence and then use the rating schedule to see were each interpeted and weighted evidence falls within it.

If you believe that the evidence was missed, not interpeted or weighted correctly you can as part of your due process rights request a personal hearing with anyone within the VA system to discuss your claim. This can be done as long as the claim is active. Most in your situation would request a hearing with the VSCM or DRO. The RO may come back and tell you no but simply remind them that it is part of your due process rights governed by Title 38 and not some this is how we do it regulation. Another argument at the local level about how your evidence was or was not used could result in a favorable action for you. Some will say no but after filing my form 9 I continued to beat them in the head demanding a hearing with the VSCM. They gave me a hearing with a DRO instead. As I sat there explaining the valid points of my claim she took notes and shook her head. The results - full award of benefits sought with a 100 percent rating! So the point of my story - try it for it might just work. If not nothing then nothing is lost and you simply let it go to the BVA.

I would suggest that in preparing for the BVA you obtain a private IMO or two and insure that they get rid of some of the language I referred to in my previous post. If the medical condition of the vet meets the schedule requirements then most if not all will right the IMO in any style you desire with any wording you request. Many will even entertain the thought of you drafting the letter for them with will allow them to see what you are talking about. They will then issue their IMO using VA speak............ Good luck to you and your husband my friend.