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Nod-Dro-Post Dro-No Soc-Bva-Back @ Vamc: Can Someone Help!

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MPsgt

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I post on here infrequently but, love some of the knowledge/advice giving. Here it is. PTSD 70%, Migraines 10%, and Ring of the Ears 10% for a combined service connection rating of 80%. I was denied an increase to IU 30 Nov 2011. I submitted an NOD to receive a DRO dated 25 Jan 2011. I was never contacted about a decision or giving a SOC. I'm going through the appeal process with an American Legion VSO.

I then received a letter from VARO on 10 APR 2012. The VARO acknowledged my NOD claim. They contacted my previous employer (USPS) and acquired copies of disability medical records from SSA. I receive SSDI which is reviewed every three years. I receive a Federal Disability Retirement that doesn't meet my families needs. I inquired about Vocational Rehabilitation & Employment 09 AUG 2011. The VA Counselor informed me I wasn't ready to pursue VR&E services at the time. I speculated the VA Counselor wouldn't help me back into law enforcement. Due to the severity of my disabilities.

I also submitted an opinion letter from my Psychiatrist and treatment records from the VetCenter. I continue to be treated weekly at both locations and regularly take prescribed medications. A couple of months ago, I saw that BVA had made a decision on my claim dated 01 May 2012. It stated a decision had been made. I would receive the decision, along with my VSO, and that my medical records were sent to the VAMC, not the VARO. Which brings me to today, 06 SEP 2012. Should I have received a SOC before the VARO sent the claim to BVA? Would the BVA send it back to the VAMC? Forcing them to make an "obvious" decision on the claim. If not, is this considered a remand? I haven't seen the word remand used in any of the documentation to this point. Someone please help me understand!

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I have had the "Exact" same thing happen to my claim. I NOD the decision, asked for a DRO review. What I got was my claim being sent from Florida to Texas back to Florida then to BVA. I know where your coming from. I called that number Berta posted, gave them my information. I then could find out what was going on.....It had been at BVA since the end of 2009, and in july 2012 it was remanded to the AMC. I checked ebenefits yesterday to see that I have a New C&P coming up. BTW, I still havent seen an I9. My VSO was the DAV,btw. They were as puzzled as I am.

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  • HadIt.com Elder

I filed a NOD and asked for a DRO Hearing some years back. I accidentally found out that my claim was on the way to the BVA. I had asked to review my C-File and while I was looking at it I discovered that my claim was waiting to be certified to the BVA. I was shocked at the time (now nothing shocks me). By all means you want your claim decided at the lowest level. I don't know if you can or would want to get your claim back from the BVA. I sure derailed the VA from sending my claim to the BVA and had them do the DRO. I won in about a year. I might still be waiting if the BVA got it.

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I have had the "Exact" same thing happen to my claim. I NOD the decision, asked for a DRO review. What I got was my claim being sent from Florida to Texas back to Florida then to BVA. I know where your coming from. I called that number Berta posted, gave them my information. I then could find out what was going on.....It had been at BVA since the end of 2009, and in july 2012 it was remanded to the AMC. I checked ebenefits yesterday to see that I have a New C&P coming up. BTW, I still havent seen an I9. My VSO was the DAV,btw. They were as puzzled as I am.

I went ahead and filed for financial hardship a couple days ago. What is the worse that could happen?
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I had the same sort of thing happen in my appeal, but i recieived a soc, was certified to bva, ,remanded back to the amc, and after making sure the amc had completed developement (attach ssa records to file ) i submitted a waiver of the appeals managements center jurisdiction to the amc, they then returned my file to the VAMC "enroute" back to bva. It now sits as of july 18, 2012 at bva in status 4 pending review by the vlj. All this occured within a 4 month window. VBA and BVA have there own way's of doing things and it's not always by the book. I have never found out why or if indeed it ever went to the vamc or for an outside medical opinion, no one at bva can seem to tell me this particular information, or if i should have received a ssoc from amc, in which i never did. Maybe someone here on hadit can tell me if i should have received a ssoc or if indeed it' is waived by the waiver of amc's jurisdition.

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