tdiu Va Didn't Read Evidence. What Now?

[Sergeant G]

I filed an appeal regarding my entitlement to an earlier effective date for my award of individual unemployability (IU) on March 1, 2011. Last Wednesday, I received a Statement of the Case (SOC), which confirmed the current effective date.

I’m mad as hell because the morons at the regional office ignored the document I submitted as my appeal. Even though they obviously received my appeal (since they responded with an SOC), they did not list the document under the evidence considered on the first page of the SOC. Also, when I visited the (Boston) regional office (RO) in July, I saw my appeal at the very top of my claim file, so there is no excuse for the author of the SOC to miss it. Like I said, morons.

Also, the SOC is essentially a restatement of the rating decision I appealed. The appeal I submitted was 16 pages and thoroughly detailed the reasons why the rating decision was incorrect; however, the SOC did not address a single one of the issues I raised.

Is there a way for me to compel the RO to read the evidence they ignored and have them issue a Supplemental Statement of the Case (SSOC)? I plan to file a Substantive Appeal within the next 60 days to perfect my appellate rights; however, I don’t think I should have to wait 2+ years for a BVA hearing merely because of someone’s laziness and incompetence at the RO level. Furthermore, according to the M21-1MR, an appeal cannot be certified for the BVA docket if it requires corrective action.

Any thoughts? Thanks!

Sergeant G

[john999]

Ask for a personal hearing with a DRO on your claim.

[carlie]

Serg,

On the rating decision that granted IU -

exactly what was stated in the Reasons and Bases Section

in relation to the effective date adjudicated for IU ?

What supports your contention to warrant an earlier effective date for IU ?

What exactly does the SOC state to support the denial of an earlier effective date ?

[halos2]

Original date of award? You filed in Mar1, 2011 for earlier date...16 page rebuttal / VARO person got lost in so many pages. Did you use a VSO? Watch your dates. Make sure you stay timely. You are lucky to get responses as soon as you do. Waiting since 03-09 and get what was originally requested and only granted from 09 to take it NOW or fight many more years, leaves a bad taste in one's mouth. Don't ever give up and remember valid info IMO/IME trumps all. Hang in there.

[retiredat44]

If the VA had gone through my evidence I would not have had to wait all these years and force them to a DRO hearing... I produced hundreds of pounds of evdience they totally ignored, and had it put into evidence... It was not hidden, it was all in their records at the VA, they just refused to look at it... now they cannot ignore it, it's on transcripts, in records, on paper, in computer, on audio tape,,,, and it's all in my favor... it was outragous and disgusting vets have to go through this charade... they think by not reading it, it will stay hidden...

now they are dragging their feet before they actually give me my long overdue benefits,, but, at least the hearing shined a bright light on the truth...

a year has almost passed since the DRO hearing,,, just letting my life slip away while I await for them to get to the damned decisions...

Edited October 31, 2011 by retiredat44

[allan]

Twelve years later, the CAVC finally read evidence I submitted the VARO has completely ignored. Case was remanded back to the BVA in 2010, with instructions to actually read it this time or explain why they can't. My guess is I may recieve yet another SOC by the BVA in 2014.

Expect it to go back to the CAVC after that. Not convinced raters can read unless its to stall a claim.

Edited October 31, 2011 by allan

[allan]

(Is there a way for me to compel the RO to read the evidence they ignored and have them issue a Supplemental Statement of the Case (SSOC)? )

Yes! If you don't have an attorney working your case, hire one is my best advice.