Does A Statement Of The Case Mean Bad News Is Coming?

[Sergeant G]

Does a Statement of the Case mean bad news? I called the toll-free number today and they said my appeal for IU is in the “notification stage.” The VSR told me that an SOC is issued for both grants and denials. I thought SOCs were only issued for denials. The DRO said she was going to award IU, but we disagreed on the effective date. I’ve been screwed by the regional office multiple times during the course of my original claim, which began in December 2007. Now I’m worried that the DRO changed her mind about awarding IU. Thanks for the input!

Sergeant G

[kevintischer]

On 12/20/2010 at 9:16 PM, broncovet said:

No, I wouldnt say a SOC is particulary good news. It means that your appeal "cant be granted", that is, you have been denied on at least part of it. It does mean your claim "is moving" which is where I wish mine was, but it instead seems to be stuck in la la land.

la la land VA is one of the worst right behind houston

[Gastone]

Bronc's on the money, SOC and SSOC's never address Award Issues, only continued Denials. If you have a couple Denial Issues that were listed on the original DRO Appeal and remain Denied by the DRO and are still eligible for the BVA, regardless of a DRO IU Award, the SOC must be completed by the DRO.

[Gastone]

I do disagree that a couple NOD Issues continuing to be Denied and requiring the completion of a SOC by the DRO, would slow the DRO IU decided Award.

Just be sure your Direct Deposit Bank/CU is set to notify your Real-time via txt and Email regarding all financial transactions. The IU Retro Direct Deposit should hit WEEEEELL in advance of the actual Award Letter.

[Buck52]

Unfortunately it is bad news 99% of the time.

This maybe a little ling read but it explains the soc and the ssoc

The file is reviewed and decisions are rendered.  If all of the issues within an NOD can be granted in full, a rating is prepared to grant the issues.  Otherwise, we must issue a Statement of the Case (SOC) to the Veteran, which provides the applicable VA regulations and explains the reasons for the decision(s).

Once an SOC is issued, the DRO process is complete.  If the appeal continues, it is now under the Traditional appeals process.  DRO authority does not extend beyond the issuance of the SOC.

In order for a Veteran to continue the appeal, the VA must receive a Substantive (Formal) appeal, which is a VA Form 9, Appeal to Board of Veterans’ Appeals, or an equivalent statement of intent to continue the appeal.  There is no legal requirement that a specific VA Form must be received in order to continue an appeal, but VA must receive some form of communication in writing from the Veteran or his Representative indicating an intent to continue the appeal.

A Veteran has EITHER the remainder of one year from the initial decision notification letter, OR 60 days from the date the SOC was mailed, to file his Substantive appeal.  Otherwise, his appeal rights for those issues expire, and the NOD is closed.

If the Veteran has filed a timely Substantive appeal, the next step in the appeals process is to certify the appeal to the Board of Veterans’ Appeals (BVA), which is to transfer jurisdiction of the appeal to BVA.

However, the Regional Office cannot physically send the claims file to BVA until all pending NODs and all pending claims have been decided.  There can be no appeal issues pending before the Regional Office at the time the claims file is sent to BVA; otherwise, BVA will issue a Remand instructing the Regional Office to issue an SOC on any pending appeals.

Additionally, if the veteran has requested a BVA travel board hearing or BVA Video conference hearing, the claims file remains physically at the Regional Office until the BVA hearing can be scheduled

 

[brokensoldier244th]

All it means is that a decision has been made. Thats it. Whether its an approval or denial you get an SOC. 

[Buck52]

23 hours ago, brokensoldier244th said:

All it means is that a decision has been made. Thats it. Whether its an approval or denial you get an SOC. 

Not True

The file is reviewed and decisions are rendered.  If all of the issues within an NOD can be granted in full, a rating is prepared to grant the issues.  Otherwise, we must issue a Statement of the Case (SOC) to the Veteran, which provides the applicable VA regulations and explains the reasons for the decision(s).

[Gastone]

S-G, read the M21 discussing DRO requirements of completion regarding SOC and SSOC after the completion of the DRO Review or Hearing not changing the original Decision. Only the unresolved NOD Issues that continue as Denied are eligible for RO Certification for transfer for Docketing to the BVA . DRO SOC/SSOC are required prior to RO Certification and transfer to the BVA for Docketing.

The DRO doesn't address NOD Issues that have been Awarded in a SOC or SSOC. Award info is strictly discussed on the Award Letter.

[Berta]

Good question- I got a 46 page packet from the Philadelphia Nehmer VARO-

which contained awards for AO IHD , 1988-1994, SMC, for 2 years, as they award both CUE claims I had pending, on IHDE and SMC ,and also an  award under 1151-100% Aug 1992 to Oct 1994.

The CUE I recently filed is because the audit and payment from my AOJ (Buffalo RO) is clearly wrong to my

detri ment.

But it also was a SOC.

I think they misinterpreted one of my statements in the evidence list for the Nehmer VARO ( 3 pages long) and maybe they thought I would appeal that issue-maybe that is why the SOC?

But the last two claims I filed- 1151 HBP denied March 2015, (I cue d them )- 1151 awarded April 2015

did not have a Statement of the Case.

I only needed one piece of evidence for this claim. They never listed or considered it as evidence .Although they told me by phone they had received it with my 5103 waiver.

 

Violation of 38 CFR 4.6 ( my favorite regulation) awarded the CUE and the claim.

 

Edited August 17, 2018 by Berta (see edit history)

[brokensoldier244th]

If the facts of your claim warrant IU I wouldn't *think* that her decision really matters one way or the other. The CR's are pretty clear on most of that. Im probably showing my naivety here, though. Ive only had to do 3 claims and a pending appeal over the last 8 years.

[LarryJ]

Does a Statement of the Case mean bad news? I called the toll-free number today and they said my appeal for IU is in the "notification stage." The VSR told me that an SOC is issued for both grants and denials. I thought SOCs were only issued for denials. The DRO said she was going to award IU, but we disagreed on the effective date. I've been screwed by the regional office multiple times during the course of my original claim, which began in December 2007. Now I'm worried that the DRO changed her mind about awarding IU. Thanks for the input!

Sergeant G

You don't have any grounds for worrying..........soc's are sent anytime a decision has been reached, so that you, if you choose to disagree, say you disagree with the percentage awarded or the effective date of the award. So, even though the decision is righteous, they are still going to send you an SOC.

Now, breathe deeply and visualize whirled peas..............er, I mean world peace!

[carlie]

Does a Statement of the Case mean bad news? I called the toll-free number today and they said my appeal for IU is in the "notification stage." The VSR told me that an SOC is issued for both grants and denials. I thought SOCs were only issued for denials. The DRO said she was going to award IU, but we disagreed on the effective date. I've been screwed by the regional office multiple times during the course of my original claim, which began in December 2007. Now I'm worried that the DRO changed her mind about awarding IU. Thanks for the input!

Sergeant G

Here's SOC and SSOC information / criteria.

Go to the following - scroll down to - Chapter5 Appeals and click on Section D

http://www.benefits.va.gov/warms/M21_1MR1.asp

[broncovet]

No, I wouldnt say a SOC is particulary good news. It means that your appeal "cant be granted", that is, you have been denied on at least part of it. It does mean your claim "is moving" which is where I wish mine was, but it instead seems to be stuck in la la land.

[Notorious Kelly]

Hang in there, Sgt G- hopefully good news is soon to come!