Statement Of The Case Question

[11cvolley]

I filed a NOD after the VA denied my increase request. I am currently rated at 70% and am seeking 100% and/or IU. Now they made this denial without seeing my SSDI that was awarded to me solely on my VA records. The RO now has my SSDI paperwork.

My question is, can they decide to grant me an increase while doing this statement of the case? I ask because the #800 number says a review officer has my file and is working on making a decision on my claim. The 800# also said that they're still working on the statement of the case.

I sent my lawyer an e-mail but they're out off the office due to weather conditions, so i'm hoping someone here can clear this up.

[Slowlane]

My question is, can they decide to grant me an increase while doing this statement of the case?

YES.

[11cvolley]

Thank you for the reply. I hope that they just go a head and grant it then. The reason for them denying me in the first place was because the C&P doctor said that since I can play Civilization 5, I can hold a job... At least that is what was in my denial letter.

[lotzaspotz]

Just wondering, did the RO not see the SSDI records because it didn't know they were available, or did you submit these records but the RO apparently disregarded them?

[11cvolley]

Just wondering, did the RO not see the SSDI records because it didn't know they were available, or did you submit these records but the RO apparently disregarded them?

They were aware that they existed; however, the VA 'waited' and 'waited' but claim they never got the SSDI records. Then magically after I filed a NOD they said they got them now. Its funny how they 'take their time' when it is in their favor, but couldn't wait for SSDI records that support me getting 100%.

[lotzaspotz]

You are entitled to have all evidence cited reviewed. If they don't review everything they know exists, that's grounds for a CUE claim. The VA is supposed to make more than one attempt to get your SSDI records, or tell you ahead of time, i.e. PRIOR to the decision, that they were unable to secure those records and that they need for YOU to get them. A copy of your claims file would tell you when they did, in fact, receive those records compared to the date of the denial. You're apparently undergoing a DRO review, now that they acknowledge receiving those records, which is a good thing. They could certainly grant you an increase during this time, but at any rate, they must address those records whichever way the decision goes, not merely say they received them.

[carlie]

I always suggesting gathering any and all credible and probative evidence that might

help support our claim issues and submitting copies to the VARO, in person if at all possible

and leaving the VARO with a date stamped copy in hand.

jmho