Ssoc Question

[Tbird]

i think i'm just brain dead, but i had a vet tell me that someone told them if they say they are sending you an SSOC it means you were turned down. is this true?

[Berta]

They could have made a partial grant in the SSOC and then, in the SSOC- expanded on the denial-

AN SSOC is usually bad news-

Vets are given 60 days to respond to the SSOC-BUT if the vet did NOT get a VCAA Notice- this is time to tell the VA in their response that their rights under the VCAA have been violated by the lack of proper VCAA Notice and election form and this is a procedural defect that must be corrected before any denials occur.

A Response to an SSOC should include any new evidence- and attack each part of the statements used in the denial.

To rebutt a VA "expert" medical opinion, the claimant needs to read this over very carefuly and look for medical holes in it- sometimes that is a lot easier than one thinks-

In my case I broke down the VA doc's statements many times-

because these docs often are under pressure and leave themselves wide open for a significant rebuttal.

I advise getting someone else to read it over too- because they could see something in the SSOC that the claimant can't.

Of course the best way to rebutt is to get an IMO-

In the recent IMO I got- Dr. Bash rebutted the VA doc very strongly in numerous ways-

He said point blank the VA medical opinion was wrong.

I sent him copy of my formal SSOC rebuttal for this new IMO and that was medically sound too-but unlike any other VA doc crapola I knocked down in the past-the VA has totally disregarded ALL of my evidence for 3 1/2 years.

I sued the VA the other day for the costs of my IMOs and my postage fees due to continuous ignored submissions of medical evidence because of Fed Gov Property Damage.

If VA continuously ignores an IMO that you paid real cash money for, then one can only assume it has been damaged beyond repair or destroyed by the federal employees at the VARO that you sent it to.

I named the RO director, VSM and the DRO in my FTCA SF 95 form.

Edited August 31, 2006 by Berta

[Pete53]

Berta is correct. You can get a low ball service connection and still appeal and ask for a Statement of the Case. In my opinion anyone who loses their claim should request a Statement of the Case as that is the roadmap to Victory and also limits what the VA can object to later.

[Berta]

If a claim is not awarded after receipt of the claim-based on prime facie evidence- and the VA then denies without sending the Proper VCAA Notice and election form- the veteran will probablyput years into the system-

this has already been set up as the status quo in numerous VAROs-

I wasted my time for three years in responses to SSOCs and submissions of medical evidence-

I received no VCAA election notice and was sent to the BVA for another year or two-

It is the return,to VA, of the VCAA election Notice , signed and designating the next step you want them to take-that triggers the VA to read the evidence.

This denial of our DTA rights has already been set up by numerous VAROs so that we will die before the claim is resolved.Or if we dont die- they do not have to work our claim for years anyhow.

NSOs and vet reps are standing by watching this happen.