New So Or No

[Josh]

If a person does not have an SO that works with them on a claim, is it advisable to chnge SO´s and how would it be done. I called mySO for the first time yesterday and he would not answer specific YES/NO questions regarding the denial.

What to do in a case like this... He was shocked that I even called it seemed. He indicated there were documents used as Evidence by the VA that they could not put their hands on. Things like the last SOC or a 4138 I supposedlly finds saying I would not follow up this claim. I want to say what, who, where, when and why would I do that?

Advise please.

Joseph

Edited February 24, 2006 by Josh

[Pete53]

Chaning SO's not always easy. Its best to take control of your own claim in my opinion.If you are not able to do that then by all means get a new SO.

[Guest Jim S.]

If you do not have a claim being processed at this time and are inbetween claims or needing to varify some records in your C-File to help in your appeal, I would suggest you talk to a claims manager and make an appointment to check for the information and/or evidence they used to deny your claim, is a part of your C-File.

After which I would ask if they have a form to revoke your POA with your current SO, or do what they say you need to do, to get this done. Then either find another SO who seems more willing to discuss your concerns and give you answers to at least some of your question, or go it alone with the information you can glean from the pages of this site and for the VA laws, Regulation, and M21-1 to give legal standing to your claim.

YOU CAN DO IT ! :P :D B)

Jim S. B)

[SLEDGE]

If you want to change one SO for another you need to find a new one before you revoke the POA.

Tell the new one what's going on and see if he/she will work with you.

Filling out and sending in a new POA will automatically revoke the previous POA.

sledge

[Josh]

Jim, Sledge, and Pete.

Thanks for your replies. I am fairly certain I will let this one ride out and finish the claim without this person’s input. The reason it is so hard is that I live in South America and to get information in a consistently timely fashion is like pulling teeth.

Another questio, although I have been told my claim was denied, they sent a I-9 only saying send us anything more that you have while at the same time NOT PROVIDING a denial letter nor the SOC for the previous NOD.

The questions not answered are about new and material evidence submitted and if the reviewing doctor wrote anything about the MRI´s and the obvious brain abscesses that were overlooked. The Labs, CSF results, IMO´s were all apparently not included. Does every claim denied generate an SOC. This is a claim just waiting to be approved, and I do not know what they are looking for.

At one point I suggested that I should file for a direct service connection based on an in service injury but have not re-filed that one yet and do not want it to get mixed up with the 1151. Should I include that information as a new claim or should I submit it?

Thanks,

Joseph

Edited February 24, 2006 by Josh

[Angela]

Josh,

I had a problem with the VA mischaracterizing my CUE as a reopened claim, and was told at their 800 number to just send a letter and it would be taken care of. Right! Instead, I went to the https://iris.va.gov web site and clicked on "Ask a question" . I explained the situation and asked if they couldn't just get it fixed instead of wasting everyone's time. The next day I got a reply saying they'd sent the question to their "team" for resolution. About a week later I got a letter in the mail acknowledging that the issue was a CUE. Maybe that would work for you too.

[Guest Jim S.]

Josh: Usually as far as I know, they do not send a SOC with the denial letter, they only send it after they have received your NOD shwoing them you are planning to appeal their decision.

I think I would ask your SO to find out the statis of what they have showing what your active claims are and then E-mail you their response. Your only a day away for that kind of response and I don't think that is to much to ask of him nor expect from him to do.

Jim S. :P