7/2013 Dro Meeting. Awaiting Soc.

[just a guy]

Hi, I am a new member of HadIt. I've watched anonymously for years.

I have an old claim that has been plodding through the system since 2008. There are 12 issues I am pursuing.

In July, 2013 I had a face to face with a DRO.

In September, 2013 (2 months later) I received a SOC from the DRO for one issue (entitlement date for depression/anxiety) that denied that claim. I subsequently filed a Form 9 for that issue. I have checked and double checked the SOC and it is only for the one issue. No mention of the other 11.

I have not received a SOC for the other 11 issues.

E-benefits shows that everything is awaiting processing for the VBA.

I submitted an IRIS. I also called the 1-800 number and spoke to someone there. I also emailed the Director of Benefits at my VSO (co-located at the Regional Office with the DRO).

The IRIS, the 1-800 number and the Director of Benefits are all saying that a Form 9 has been received for everything and that my file is awaiting processing for the VBA.

I have been waiting a year thinking I was waiting for a SOC and decision on the other 11 issues. I thought maybe the DRO thought the effective date was perhaps clear-cut in her mind and so she quickly denied it while everything else needed a more thorough review.

Is it possible I am still waiting for a DRO decision and SOC for the other 11 issues?

Or is IRIS, the 1-800 number and the Director of Benefits from the VSO all correct in that my file is awaiting transfer to the VBA?

I feel jipped if the DRO only reviewed and decided on one issue and then passed me off, ignoring the other 11 issues, and now my claim is moving to the VBA.

Is there any chance the DRO may still be reviewing/deciding the other 11 issues and when the DRO is complete it will process to the VBA?

Thanks,

j-a-g

[carlie]

Hi, I am a new member of HadIt. I've watched anonymously for years.

I have an old claim that has been plodding through the system since 2008. There are 12 issues I am pursuing.

In July, 2013 I had a face to face with a DRO.

In September, 2013 (2 months later) I received a SOC from the DRO for one issue (entitlement date for depression/anxiety) that denied that claim. I subsequently filed a Form 9 for that issue. I have checked and double checked the SOC and it is only for the one issue. No mention of the other 11.

I have not received a SOC for the other 11 issues.

E-benefits shows that everything is awaiting processing for the VBA.

I submitted an IRIS. I also called the 1-800 number and spoke to someone there. I also emailed the Director of Benefits at my VSO (co-located at the Regional Office with the DRO).

The IRIS, the 1-800 number and the Director of Benefits are all saying that a Form 9 has been received for everything and that my file is awaiting processing for the VBA.

I have been waiting a year thinking I was waiting for a SOC and decision on the other 11 issues. I thought maybe the DRO thought the effective date was perhaps clear-cut in her mind and so she quickly denied it while everything else needed a more thorough review.

Is it possible I am still waiting for a DRO decision and SOC for the other 11 issues?

Or is IRIS, the 1-800 number and the Director of Benefits from the VSO all correct in that my file is awaiting transfer to the VBA?

I feel jipped if the DRO only reviewed and decided on one issue and then passed me off, ignoring the other 11 issues, and now my claim is moving to the VBA.

Is there any chance the DRO may still be reviewing/deciding the other 11 issues and when the DRO is complete it will process to the VBA?

Thanks,

j-a-g

Welcome,

Did you get your copy of the written transcripts from your DRO Hearing ?

If yes, look in the early part of the transcripts as the issue/s to be considered

should be discussed there.

Look to see what issues were discussed, to be under the DRO's jurisdiction / authority

during your hearing.

[just a guy]

Hi Carlie,

I requested a copy of my transcript. I have NOT received it.

I did get an enormous copy of my c-file with copies of everything I have ever submitted. That was unexpected. But there was nothing else included in there.

Thank you, Carlie!

James

[FormerMember]

Allow me to acquaint you with VA justice, sir. There is a little-known legal concept that states any issues not addressed in a denial, SOC or SSOC are "deemed denied" unless specifically alluded to in the body of the decision. If they are not mentioned as having been remanded for more examinations, C&Ps, or other actions, then it is to be assumed they have been denied -even if not mentioned.

Thus, filing a Form 9 that does not address the individual issues implies that you are not appealing them, otherwise you would mention them. It's a variation on the old no evidence is negative evidence game. If we don't specifically find evidence of depression, it is negative evidence against the claim. If we forget or fail to mention that the other items on appeal are denied, it is to be presumed they are since we didn't mention them. A form 9 has a box (9A) that says "I am appealing all the issues on the SOC." See the problem? It's a trick statement. In VAland, you have to CYA six ways to Sunday or they trot out the " Well, he only appealed the depression. See? It says right here clear as day in box 9A."

You have to be anally specific in this business or the VA's wrecking crew will eat you for breakfast. Having a VSO is no panacea. That's like taking your chihuahua to the DRO review.

The smart money is to quickly mail in a Form 9 and call it an addendum to CYA. Say you wish to appeal the other eleven issues as well since the DRO did not see fit to give you an up or down on them. Based on Ford v. Gober, 10 Vet.App. 531, 535 (1997) and Bucklinger v. Brown, 5 Vet.App. 435, 436 (1993).

I can't see your decision to be certain, but I'd say the other eleven issues might be secondaries you are trying to hang on the depression. If so, the mere denial of the primary depression claim effectively undermines the justification for the other eleven. VA, in cases like these, is known to try to avoid carpal tunnel syndrome in their employees and simply not write about it (the other eleven issues).

They write it like this and you'll see it at the end of your BVA decision somewhere. By then it is too late to fix it because you cannot add evidence after you lose at the BVA. Any appeal to the CAVC must rest on the evidence of record (EOR) which is also referred to as either the RBA (record before the Agency) or the ROA (record on appeal). Because the appellant presents no discernible arguments with regard to this matter in her brief, it is deemed abandoned.

A

clear prop.

Ford_95-1071.pdf

BUCKLING.273.pdf

[just a guy]

To which I respond:

1. ouch

2. poop

Thank you, sir.