So...where's The Soc?

[TiredCoastie]

I'm getting a little concerned. I submitted a NOD, at the end of December, postmarked the day prior to the one year cut off from a claim that had been denied. Previously, based on the advice of a VSO, I'd submitted a reconsideration request claim. Because the claim processing was going to extend beyond the year deadline, I submitted a NOD appealing the denied claim's decisions to protect that original claim. Most of the areas of disagreement were covered by the request for reconsideration. The claim closed 2 weeks ago, and my combined rating increased from 60% to 80% according to eBenefits. But there's no decision letter and no SOC. Given 60 days to respond to a SOC with a Form 9, I'm concerned that the VA will drop me one dated back to when the claim closed but with only a couple of days to respond...or received too late to make the 60 day deadline.

In talking with "Peggy "yesterday, sounds like no decision letter has been mailed yet - two weeks after the decision. She forwarded an inquiry to the RO which finished processing the claim (it got farmed out) asking about the status of the big envelope and asking that a decision letter be mailed. She told me that even with a NOD submitted, the RO that made the decision should send out a decision letter regarding the claim. Does anyone know if this is true?

Peggy also told me that the system still does not show my NOD, which I mailed at the end of December and the US Postal Service shows was delivered thanks to certified mail tracking and the green receipt card. It's been almost three months. I've called and sent IRIS emails asking about whether or not the NOD is being worked, but so far have only gotten a "wait, out."

I ended my POA with a VSO, so am on my own. I have not approached a law firm for assistance.

My hope is that my C-file with the latest decision is en route the original RO and that the SOC will be compiled using that information seeing as there were many common factors between the request for reconsideration and the NOD. I'm also hoping that the NOD will be inprocessed at that point. But I don't trust the process.

Does anyone have any ideas? I've half a mind (well, that's all I've got left anyway) to send a letter to the RO with copies of the green card receipt and proof of postmark on the NOD and ask them, formally, what's going on with my NOD having been ignored by phone and email. Is this a good idea? If so, should I wait on this a little while longer or fire something out soonest? If not, what should I do?

[stillhere]

If ebennies is showing an increase look at your payment amount and see if it is more. Lots of times money get there before a letter SOC of decission. Also is the upgraded % what you were asking for?

I have never trusted a thing the Peggys say. If you have the RO"s fax number send them a fax and see if they respond.

Oh and iris is another good option.

Stillhere

[71M10]

Well if they did a reopen on a decision that was not final (there is no reconsideration at the RO level), it generally would have stayed in your RO and not travelled out. Regardless of whether the increase is from the re-open or a NOD you should be provided with a copy of the decision and a SOC (if it was a NOD and not a full grant of benefits). It took my RO 47 days to send me a decision and yes they are trying to pull this "I missed my 60 days to file my form 9 garbage". I don't think that is your problem though.

I suspect that even though you have revoked your POA, your highly efficient RO has sent it to them anyway and since they don't represent you they arn't doing much with it or they sent it back and the RO is still scratching their head trying to figure out why they didn't sign-off.

Hang in there, if they couldn't do it right the first time why would we think they could do it right this time??

Edited March 19, 2014 by 71M10

[TiredCoastie]

Thanks, guys. I've considered IRIS but I've been blown off more than I've gotten answers. Seems like it's either way too popular or they don't want to have to answer right now. Haven't seen any new money yet but as a retiree, that's a year out. The AB8 does show an increase and looking forward to a larger monthly paycheck on March 28th.

Quick math says the percentage may be low - my guestimation is more like 90% with an outside shot at 100%. Guess it depends but hard to say without the decision in writing. Seems like it wasn't a full grant, so expecting a SOC at some point.

I was really surprised to see the open claim get pitched out to another RO. It took that RO about 3 days to get a decision finalized after sitting for months here. I don't think that was the NOD but the "reconsideration" claim. It was kind of funny, actually. I'd sent an IRIS request asking about the status of the NOD and had just gotten a response which said the RO was too busy to respond. The next work day, according to eBenefits, the claim was off to another RO who certainly wasn't too busy to get the claim done fast. My guess is that they wanted another look at the decision knowing a NOD was in before someone signed off on it.

Sorry to hear, 71M10, that you are getting/got jerked around over the SOC and Form 9 timeline. I don't have that problem yet but can smell it coming. If they did it to you, it happen and probably happens to others. I can just see the SOC showing up mid-April with an early March date on it.

[71M10]

In my case the actual letter does have the correct mailing date stamped on the letter, but the printed letter has the original typing date, which is the one that is in the VA tracking system.

In May I will start pushing hard on this again, don't want to rock the boat too much until then. It is good to see that they have recognized some of the items for you this round. I think you are in a good position getting the the BVA now, I am afraid that the BVA waits are going to explode due to the FDC system and Provisional ratings. I am a bit worried I will get caught up in that wave.

Best regards,

[TiredCoastie]

Got an IRIS response today...they lost the NOD at the RO. Resubmitting per RO's request with ample evidence of original postmark and RO receipt.

[GatorNavy]

Might want to listen to Paul Sullivan's radio show from the other day. Basically they are shutting down the appeals....That's all folks.