Incorrect Issue Decided

[lcpmom]

All

Recently a Vet that I am assiting received a SOC for a condition that she obviously did not claim. Her repeated letters to have the incorrect condition changed before the DRO review was no acted upon.

What does she do now.

Will this have to be sent to the BVA to get settled?

Any response with guidance that I can share with the Veteran will be greatly appreciated!

Lois

[LarryJ]

I believe LarryJ meant to post Form 21-4138.

It can be found in the link to Forms on Hadit's homepage.

Yup. Tanks carlie, ever wonce'd in a while I needs help with me "theory and composition"............

[john999]

Fortunately, the VA almost never looks into your C-file. You can find yourself with contradictory records existing side by side deep in your records that never see the light of day.

[broncovet]

The VA has both INFERRED and INFORMAL CLAIMS, and this condition is probably one of them. I am guessing you dont like the condition he is rated for because another condition may possibly get a higher rating?

I dont know how long it has been since the decision, but if it is more than a year, to "fix" it requires you file a Clear Unmistakable Error claim. (CUE). The CUE standard is much harder to meet than a "regular" timely filed appeal, however, it sounds like Clear Errror if they rated you for the wrong condition. A " harmless" error is not CUE, you have to demonstrate not only that it was in error, but that the error was MATERIAL.