Ignored Issues On My Nod?

[Draggin']

I issued a NOD with 31 issues to be considered. I received a SOC (Statement of Case) from the DRO addressing only 27 issues.

On this NOD I also mentioned bilateral and secondary conditions to consider. In the SOC it mentions no consideration, denial or reasons for denial of anything bilateral or secondary. It practically restates what the original award/denial letter did.

They didn't get all of my medical records, and I didn't think I would have to supply the VA records. But I did and I know that part now-that's water under the bridge.

I still have time to get an appeal in, but I'm wondering where to go from here concerning the actions of the DRO and the Regional Office. Do I appeal what they have done and not considered?

Does my appeal to the BVA cover my disagreement with the original decisions or does it cover my disagreement with how the NOD was handled. 2 appeals? A CUE? I have no idea where to go from here.

Very discouraged and frustrated.

Draggin'

[Berta]

The BVA only has jurisdiction over the NOD issues.

"In the SOC it mentions no consideration, denial or reasons for denial of anything bilateral or secondary. It practically restates what the original award/denial letter did."

The VA cannot make awards for secondaries if the primary condition they are claimed secondary to -is not SC.

This is not a CUE issue.

You have to tell the BVA on the I-9 form why their decisions for each claimed disability are wrong.

Refer the BVA directly to any medical evidence VA has that shows they are wrong.You cahn attacxh more pages to the I-9 but make sure your name, address and C file number areon all pages and send them an evidence list.

Edited May 18, 2011 by Berta

[Draggin']

Thank you

[emandg]

The BVA only has jurisdiction over the NOD issues.

"In the SOC it mentions no consideration, denial or reasons for denial of anything bilateral or secondary. It practically restates what the original award/denial letter did."

The VA cannot make awards for secondaries if the primary condition they are claimed secondary to -is not SC.

This is not a CUE issue.

+

You have to tell the BVA on the I-9 form why their decisions for each claimed disability are wrong.

Refer the BVA directly to any medical evidence VA has that shows they are wrong.You cahn attacxh more pages to the I-9 but make sure your name, address and C file number areon all pages and send them an evidence list.

SO what I am getting from this is that you do need to attach V.A. psych and therapists notes to the DRO review that have been entered since the decision as it can not be counted on the DRO to bother to read the computer file ?

[retiredat44]

SO what I am getting from this is that you do need to attach V.A. psych and therapists notes to the DRO review that have been entered since the decision as it can not be counted on the DRO to bother to read the computer file ?

you have the same questions I have,, when there is no soc for claim issues, what does it mean,,,... and when you find out, or I find out, then maybe we can figure it out... I have the same experience, gettings soc's for some and not for others...

[Interested]

A Decision Review Officer (DRO) Statement of The Case (SOC) is a continuation of a previous Rating Decision and is in effect a denial of the issues you claimed. It is issued ONLY for the continued/denied issues, as a prelude to being forwarded to the Board of Veterans Appeals (if you so choose).

Is it possible that the four issues not mentioned are being granted? If this is the case, the DRO will issue a Decision Review Officer Decision. A DRO Decision is identical in format to a standard Rating Decision, with the exception of the words " Decision Review Officer Decision" on the front. For multiple administrative reasons, you likely would receive the SOC before you receive the DRO Decision.

SOMETIMES and SOMEWHERE (usually at the very end) of the SOC will be some cryptic statement somewhat similar to "Other issues within your claim are being addressed in a separate decision."

Alternatively, they could have been overlooked. It is not impossible, particularly with so many appealed items.

I issued a NOD with 31 issues to be considered. I received a SOC (Statement of Case) from the DRO addressing only 27 issues.

On this NOD I also mentioned bilateral and secondary conditions to consider. In the SOC it mentions no consideration, denial or reasons for denial of anything bilateral or secondary. It practically restates what the original award/denial letter did.

They didn't get all of my medical records, and I didn't think I would have to supply the VA records. But I did and I know that part now-that's water under the bridge.

I still have time to get an appeal in, but I'm wondering where to go from here concerning the actions of the DRO and the Regional Office. Do I appeal what they have done and not considered?

Does my appeal to the BVA cover my disagreement with the original decisions or does it cover my disagreement with how the NOD was handled. 2 appeals? A CUE? I have no idea where to go from here.

Very discouraged and frustrated.

Draggin'

[john999]

I believe that issues that are neither denied or approved should be considered denied. I would appeal all the issues to the DRO or BVA. These are 31 separate issues? That is a lot of issues.