Continued Appeals Process

[Ricky]

I am in the process of tearing apart the SOC that I received on my case and submitting my VA 9. However, it is a personal goal in my life to come face to face with the idiots they call DRO's in Montgomery VARO. Therefore, I am willing to add the additional time to my appeal to make this happen but I do have a couple of questions: During the DRO hearing is it possible to receive an on the spot approval of the disabilities you are appealing? Is it possible that after the hearing there will be maybe partial grants of appealed items? If no changes are made after the DRO hearing will I receive a SSOC?

Ricky

[Guest Jim S.]

Nice posting SLEDGE, I'll add this to my file of worth while information on claim adjudication. It gives nice explanitory segments for reason and basis and benefit of the doubt. Now if you can only get the VA to follow these rules, things would be a lot easier for the Veteran to see what he has to do to prove his claim.

Jim S.

[Ricky]

Sledge, that was great. Thanks. I was up until 3 am last night working on this unnecessary appeal. After reading the ruling twice I think that I fully understand the requirements of the board but do the same requirements apply to the RO in production of the SOC? The SOC list three seperate sections laws, evidence, and reasons. However, in the reasons section it is lacking those "clear" statements required by the court of the board. There is no analysis of, mention of probative value/lack of etc....... Bottom line is you have : laws/regulations 38 CFR; evidence Doctors statement; reasons does not meet the requirements for disability with no explanation of how they came to that conclusion.

This ruling requires the BVA to provide such explanation but I fail to see the same required of the RO. Maybe I am just to sleepy or simply crazy.

Thanks Ricky

[Ricky]

I tried to review the BVA rulings for the Montgomery VARO. The first 150 cases that I pulled up were all REMANDED CASES...... No wonder my SOC is so crappy.

[john999]

Ricky

This is why I am not crazy about going to the BVA since you may wait two years for a remand back to the VARO and then wait another year for the same denial. This cycle can go on forever. If the DRO can sort it out then that is faster and better.

[Ricky]

I would rather work it out at the RO level also. However, the DRO is the one who issued the worthless SOC. My understanding is that now I must submitt the VA 9 for the board review. How do I keep it at the RO DRO level?

[Guest Jim S.]

Ricky: The way to look at ruling that tell the BVA what they have to do legaly such as Reason and Basis for their decision, is that they are speeking actualy to the Secretary of the VA, and since the VA includes the VARO, that these rules are binding on them as well.

The problem with the VARO is that eather they are ignorant (they don't know how to apply the rule) It's all Greek to them, Their is no oversight at the VARO level to check each raters work for accuracy. Apparently they yet to figure out a way to check their own work as they process the information in the claim.

It's like Berta says, it's as if they refuse to read all the evidence, only assecing that information against approving the claim.

But yes, any presidential ruling by the court is binding in all procedural matters, whether it is at the VARO level, BVA level, or by any of the judges who may sit in judgement on the court.

Jim S.

The power word here is, "NO OVERSIGHT" at the VARO or BVA for that matter, but the BVA is better at knowing how things should work.