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

[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

[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.