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?

[Pete53]

Pete,

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

Yes before the Hearing.

[Angela]

Thanks Carlie,

Found the answer at the link you provided under 17b. In case anyone else is looking for this answer I'll paste the info here.

"In the traditional appellate review process, issue an SOC before the hearing date. In the Decision Review Officer (DRO) appellate review process, issue an SOC after the informal conference and/or review of the appeal by the DRO."

I'm leaning toward requesting BVA instead of DRO... because my case involves interpretation of rating criteria. Since the Gardner decision states that veterans are entitled to the interpretation of the rating criteria that is most advantageous to the veteran, and the BVA has interpreted the criteria before in a way that all but mirrors my records, I'm pretty confident that "eventually" someone will admit it and grant my award. But I'm thinking maybe the VA won't want the decision published because others in my condition will then rush to revise their decisions also - like the tinnitus claims. So maybe if I go ahead and request BVA now, I won't have to wait so long for a decision.

On the other hand, I understand waiting for a BVA decision can take years, and every month that the decision is delayed costs me about a grand in concurrent receipt that I can never recover.

Any thoughts on this anyone? If you have other ideas about what the best avenue to take would be please let me know your thinking?

Angela

[Angela]

Berta,

Got a reply to my questions about the SOC and whether a decision had been made etc. It was there waiting on me when I opened my e-mail this morning. Once again I got a quick answer that actually addressed my specific questions via the https://iris.va.gov/ site. They must have some sort of oversight for that process because it actually works.

The answer was just as Carlie had provided me in the link to the M21-1. No decision has yet been made on the NOD, I won't get a SOC until after either a DRO review or after I request BVA review. The letter that said they were still processing my application... was concerning the TDIU claim they started for me when they denied my CUE. Don't want TDIU, even though I haven't worked in years due to disability. My understanding is that if you're 100% due to TDIU you don't qualify for concurrent receipt. That's no good. I wouldn't get the retro I'm owed and I might lose the concurrent receipt I already get because the VA screws me out of it by listing TDIU instead of the schedular 80% that I'm at now. If that happened I'd actually loose money by being rated 100 TDIU instead of 80 schedular.

If I was one of those already being discriminated against in this way I'd sure be signing petitions and writing to congressmen! I think I read somewhere that it's being argued in the senate now? Sorry I got off the subject, this just seems like such an inequity to me I can't understand how anyone with an ounce of compassion could possibly sleep at night after voting for something so obviously unjust.

[Berta]

Angela- have you thoroughly gone over the CRSC and CRDP info on the net?

http://www.moaa.org/serv/serv_benefits_pay...eason/index.htm

Also I posted other links at the retro reservist question posted here today-

CRSC and CRDP have distinct criteria- some vets are eleigible for both but can only pick one program-at Military.com these has been quite a bit of explanation and discussion on these programs for retirees-

I read the other day that many retiress do not even realize they are eligible for one of the programs-