Statement Of The Case ( Soc )

[militarynurse]

It's been over a year since my Notice Of Disagreement ( NOD ) with the VA's decision denying my claim(s). Anyone know how long it takes to get a Statement Of The Case?

[allan]

It can take roughly 3 months to 18 months for an SOC after filing an NOD. If you havn't heard anything after 14 months, try filing a "writ of mandamus" with the CAVC. That will likely get an SOC issued.

[carlie]

mn,

Yes, I agree and feel it is a double standard, that time limits are imposed

on claimant's but not VBA. That is how it is.

Here's info and a link that may help explain more about SOC's for you.

Hope this helps a vet.

carlie

http://www.warms.vba.va.gov/admin21/m21_1/...5/ch05_secd.doc

a. Definition: Statement of the Case (SOC)

A statement of the case (SOC) is an explanation of the decision made on the appellant’s case.

An SOC provides the appellant with a complete understanding of the decision so the appellant can prepare an effective substantive appeal with specific allegations of errors of fact or law.

b. When to Issue an SOC

Issue an SOC

• if the appeal cannot be satisfied

• after review of the claims folder and all necessary development

• when the notice of disagreement (NOD) has not been withdrawn, or

• when the appropriate response time has passed.

If an appellant’s request for a hearing is received before the SOC is issued, schedule and conduct the hearing (or informal conference)

before sending the SOC to the appellant.

This policy applies to both the traditional appellate review process

and Decision Review Officer (DRO) review process.

[militarynurse]

mn,

Yes, I agree and feel it is a double standard, that time limits are imposed

on claimant's but not VBA. That is how it is.

Here's info and a link that may help explain more about SOC's for you.

Hope this helps a vet.

carlie

http://www.warms.vba.va.gov/admin21/m21_1/...5/ch05_secd.doc

a. Definition: Statement of the Case (SOC)

A statement of the case (SOC) is an explanation of the decision made on the appellant’s case.

An SOC provides the appellant with a complete understanding of the decision so the appellant can prepare an effective substantive appeal with specific allegations of errors of fact or law.

b. When to Issue an SOC

Issue an SOC

• if the appeal cannot be satisfied

• after review of the claims folder and all necessary development

• when the notice of disagreement (NOD) has not been withdrawn, or

• when the appropriate response time has passed.

If an appellant’s request for a hearing is received before the SOC is issued, schedule and conduct the hearing (or informal conference)

before sending the SOC to the appellant.

This policy applies to both the traditional appellate review process

and Decision Review Officer (DRO) review process.

Carlie, Thanks for the this information.

[broncovet]

Your VSO says that you not recieiving a SOC is "unusual".

It is not unusual, its a violation of your appellate rights!

Further, they did the same thing to me, I have never gotten a SOC on a NOD I filed in 2004, 5 years later! You could be still another victim of shredding. I would file a "Special Handling Request" due to shredded evidence, and explain that since you have not received a SOC in more than a year, your NOD must have been shredded! Send it Certified mail return receipt requested. If no response from the VA within 3-6 months, complain to the VAOIG AND file a Writ of Mandamus.

[myround0]

military nurse, and all others.

I think we would make things a little more informative if we put the regional office (RO) we have submitted our documents to. I am sure different ROs have different volumes of work, which, would effect the intervals in which they review and send out documents. I submitted my NOD to the Waco RO in February '09, on September 28, 2009, I received my Statement of Case. I hope that give you some sort of an idea, however, keep in mind, if you are using a different RO, that can have an impact on your case...