devildog2061 Posted November 15, 2012 Share Posted November 15, 2012 I just received a SOC from my 2 DRO Review appeals. 1. Increase of PTSD, currently rated 50% 2. File for IU I'm currently rated at 80%... 60skin, now 50 PTSD, 10 ankle, 10 tinnitus I was increased to 50% PTSD on appeal 1, but denied IU....on appeal 2. The reason for the denial of IU states that I have not been found unabled to secure or follow a substantially gainful occupation as a result of service connected disabilities. My question is can I submitt additional evidence prior to going to the BVA. I have an outside Psychologist willing to write an IMO for me. I would hate to have to wait 4+ years... Would this help ? Link to comment Share on other sites More sharing options...
0 carlie Posted December 21, 2012 Share Posted December 21, 2012 Just received my SOC from my De Novo Review, so they increased some of my ratings and not others, but my real question is will I get another ratings letter, or is the SOC stating the increase in ratings it? And if I am happy with my new ratings, do I need to do anything with the VA from 9? FYI, I am very happy with the increased ratings, went from 40% to 80%, just not sure what is next? It's usually best to start a new topic with your question. The SOC should spell out just about everything concerning being granted or denied - you have a specific timeframe in which to reply to the SOC on any issue/s you would like to continue on appeal to BVA. YOU SHOULD also get an official DRO Decision, separate from the SOC, but it might not arrive for a while yet. JMHO Link to comment Share on other sites More sharing options...
0 devildog2061 Posted January 21, 2013 Author Share Posted January 21, 2013 My lawyer submitted a rebuttal to the denial of IU In the SOC I received from My DRO Review, along with VA Form 9 to the BVA - requesting a Video Hearing in December 2012. I applied for Voc-Rehab and was found unemployable due to my service-connected disabilities. I also had my Psycologist to complete an IMO which states the same. I don't know if my attorney has submitted this info as of yet, but I was checking my appeal on ebenefits and notice a change has occurred. It reads as follows : Current Progress Description: Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the VA Medical Center. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it. This is in the decision and dispatch section of the appeal timeline, dated 1-17-2013 Does this mean they have made a decision on my claim already ? Link to comment Share on other sites More sharing options...
0 deanbrt Posted January 22, 2013 Share Posted January 22, 2013 "My outside Psycologist will write an IMO for me" this is covered ground for me. the VA is going to stack up a psychiatrist on their end and you need a psychiatrist IMO to balance out. A psychologist IMO will not have equal value, I am afraid. It may work for you but it is adding risk.... Link to comment Share on other sites More sharing options...
0 deanbrt Posted January 22, 2013 Share Posted January 22, 2013 For the last, yes I think it means a decision has been made. Check Letter Generator on ebenefits to see if there are any changes. But it still could be that it is favorable but has to go back to the RO for rating Link to comment Share on other sites More sharing options...
0 devildog2061 Posted March 10, 2013 Author Share Posted March 10, 2013 Update: Seems the VA has not made a new decision on my appeal, they were considering my Claim closed because they did not realized my lawyer had submitted the form 9 and requested a video conference appeal before the cut off time had elapsed.... I now have a statement from Voc-Rehab disapproving me and saying I'm unemployable because of my service connected disability PTSD, opinion taken From my SSA award- and Have an IMO stating the same. Now I'm waiting on the video conference. My questions are - 1. Will They review this new evidence and issue a SSOC, before having a video conference ? 2. Can it be won considering the new evidence without having a video conference ? 3. How long after receiving your SOC does it take to have a video conference from Montgomery RO ? Thanks for your replies... Link to comment Share on other sites More sharing options...
0 HadIt.com Elder jbasser Posted March 10, 2013 HadIt.com Elder Share Posted March 10, 2013 I know a Vet who has been waiting for four years for a hearing at the Montgomery RO. J Link to comment Share on other sites More sharing options...
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devildog2061
I just received a SOC from my 2 DRO Review appeals.
1. Increase of PTSD, currently rated 50%
2. File for IU
I'm currently rated at 80%...
60skin, now 50 PTSD, 10 ankle, 10 tinnitus
I was increased to 50% PTSD on appeal 1, but denied IU....on appeal 2.
The reason for the denial of IU states that I have not been found unabled to secure or follow a
substantially gainful occupation as a result of service connected disabilities.
My question is can I submitt additional evidence prior to going to the BVA. I have an outside
Psychologist willing to write an IMO for me. I would hate to have to wait 4+ years...
Would this help ?
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