Question For Berta

[Ricky]

My appeal is sitting at the RO. The appeal if you will remember as you reviewed the original NOD, is on my stroke, stroke residuals, back and joint pain. In the SOC the reasons and basis did not contain ANY reference to the evidence submitted in support of my claim. I know they had it cause it was provided with the original claim and the NOD. The NOD discussed the evidence in detail. I failed to hit this issue hard on the VA 9 (their failure to provide any info in the reasons and basis) so I want to now submit a statement in suppport of claim outlining their failure to provide a proper SOC in accordance with law, the court and their own regulations to be attached to my appeal. Will this be accepted and attached to my VA 9 before they send it to BVA. Thanks

Ricky

[Berta]

Ricky- I suggest you type out an Addendum

Just put at the top of the letter to the VARO:

Addendum to Formal I-9 Appeal filed on __(date)

and then you can lay out these issues better.

Also if you did not receive a formal VCAA Notification letter- state that in the Addendum too.

I know how frustrating it is to get a SOC with no reference to evidence-

it happens to me all the time-

it does not allow the veteran the basis to attack-if they fail to give proper Reasons and Basis.

I would sure save this on your PC, make sure you send it certified, or priority with a proof of mailing and-

in the event they send your files to the BVA, you will be notified and you can send them the Appeal with the Addendum just in case the RO doesn't send it-

Do you have any time left at all for preparing an additional NOD also on this? Specifically on the failure to use your evidence?

Also at the VA web site under forms, the Actual 21- 4138 is there (did I get that form number right?)

Statement in Support of Claim.

I never use them -it is hard to fit WORD docs into them.

This is also what your POA should have filed out and sent to them in your behalf.

POAs have this in a program on their PCS-easier for them to use some of these forms than for the claimant.

[Vike17]

Ricky,

In the Addendum Berta stated, I would also request that the RO issue a grant in benefits sought or issue a Supplemental Statement of the Case (SSOC). If the VA didin't list the evidence you submitted on their SOC, they never took them into consideration. Those evidence are considered "New" evidence and warrant, at least, a SSOC. Besides, if the VA didn't consider those evidence, the BVA would probably remand the case back to the RO for them to be considered, thus, prompting the RO to grant the benefits sought or issue SSOC anyways!

Vike 17

[Berta]

YEAH- Great advice Vike-

that should help Ricky-

I am afraid -if they didnt send the formal VCAA letter-yet- the BVA could remand on that as well as anything else