When Do You Get A Soc?

[Angela]

I CUE'd an old decision and the CUE was denied. Then sent in a NOD. Thought the next step was to receive a statement of case but got a letter from the VA telling me that I can request DRO review or the Traditional Appeal Process. The letter didn't mention SOC in relation to the DRO review at all.

I thought you automatically got a SOC when you appeal - DRO or BVA?

At what point can I expect one?

[Berta]

Angela -I would ask them for an SOC that specifically states why the claim was denied ,for a VCAA letter specific to this claim, and also ask them for a de novo review-with a DRO-

They have to tell you why the CUE was denied so that you have a focus in order to fight the denial.

I am surprised because I felt your CUE claim was strong-then again I think they are denying claims without even reading them these days-

I got a letter on my CUE-last month - asking me for responses to 6 different things-regarding it-and any additional evidence if available.

I responded to the questions, re-sent the evidence they have, and added something else I had just found.

It wasn't a VCAA letter but I believe they should have sent you a VCAA letter too-

when I say evidence for a CUE- I mean in my case- I sent a copy of the decision they erred in.

I stated the legal reasons they were in error,based on the information in the c file and also within copies of VA regs and case law in existence at time of CUE, that says they erred,

referred them to additional statements of finality in a 1997 decision that the VA made in response to letters from me in 2004,

and I also sent a OGC Pres op and five BVA cases that shows they were wrong.

The medical evidence supports the claim , as the 1997 decision shows-however my CUE is based solely on misapplication of VA regs.

[Angela]

Berta,

I got another envelope (didn't see it before buried in all the sales papers) that said they're still processing my application for compensation.

So I sent a message via their https://iris.va.gov/ site asking for clarification on the status of the claim, if it had been denied, & where is my SOC. I pointed out that their VA Form 4107 said I'd get a SOC if the NOD didn't result in granting my request. When I used this avenue before they immediately took care of the problem (they were processing my claim as a reopen instead of CUE) so hopefully they'll be just as helpful this time too.

[Berta]

That was a good idea Angela-

the response will give you email hard copy-(unless you asked them to call you instead)

one thing I did some months back (they had my claims all screwed up)

I sent the Director a letter asking her to clarify my issues and their status.

This gave me a chance to state each claim clearly-

She met with my vet rep and then sent me a response-

I had to correct it and send it back with another letter-

they were close but not quite right yet- one statement on one claim was absolutely outrageous-and I certainly pointed that out to them. I also made a statement in my initial letter that I asked them to clarify-

what I got in the response was -much to their surprise- something I stated to them was support for one of my claims.

I thanked the director (bet she didnt have a clue what I meant)

I think I learned how to manipulate what they say from all the SSOCs I used to get where they manipulated the evidence.

They just hate me I bet-I am always a pain in their rear -

but until they get a claim right- I say keep making them get it right-

Also they actually suggested to re-open an old claim I have instead of handling one my CUES too---- like you---

I didnt buy what they were selling on that one-someone there is smart enough to see potential large retro from my CUE and they dont like it. Tough S--t!

Berta

[Pete53]

When I appealed my decision I requested a Hearing and a SOC.

[Angela]

Pete,

You got a statement of case before the hearing though, right?

[carlie]

Angela,

Try this M-21 link to research SOC procedures -- hope it helps you.

carlie

http://www.warms.vba.va.gov/admin21/m21_1/...1/ch05_secd.doc