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Statement Of The Case


63SIERRA

Question

is there a time limit in which the va is required to send a vet a SOC once NOD Has been filed and acknowledged.

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thanks PR, its been 14 months since I filed it, so thats why im wondering. They actually acknowledge the NOD several months after I filed it though. like 7 months.

Theres 5 contentions on appeal so I guess they will try to pencil whip them all at the same time.

Im interested to see what new BS they conjure up, so I can rebutt.. This system is more like a marathon debate. whover gives up first loses. The caveat being they can lie and get away with it , whilest we cant.

Edited by 63SIERRA (see edit history)
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I also, do not know of any law or reg for a timeframe to send a SOC.

I read many cases at the BVA level where the result was a remand

because the VARO never sent the claimant a SOC / SSOC.

Here's an example:

"Accordingly, the case is REMANDED to the RO/AMC for the following action:

3. Provide the Veteran and her representative with a SOC on the following issue: entitlement to an initial compensable disability rating for service-connected IBS. This issue should be returned to the Board only if the Veteran perfects a timely appeal"

http://www.va.gov/vetapp13/Files3/1324666.txt

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with that being said is it possible to request that the BVA decide the case and not remand back to RO/ I have informed the WACO ro that they are incompetent, unfair, and I lost confidence in them to decide my cases fairly.

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This topic might help you:

I think there is a brief form for the waiver here at hadit somewhere.

When I filed my last 2 claims, I wished I could have attached to them the signed waiver to prevent ANY RO consideration at all.

They have never handled any of my claims the right way from the git go.

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The waiver of evidence has changed since April 2014:

Hepatitis C has delay,delay delay....deny,deny,deny written all over it. They will fight toothe and nail to keep it from becoming presumptive. The RO wouldn't give me a C&P so I threw the book at 'em in the NOD and finally got one. Took about a year for that SOC to arrive.

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well I know they are stalling because they know they are wrong.

Edited by 63SIERRA (see edit history)
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with that being said is it possible to request that the BVA decide the case and not remand back to RO/ I have informed the WACO ro that they are incompetent, unfair, and I lost confidence in them to decide my cases fairly.

I have informed the WACO ro that they are incompetent, unfair

Dayaham Sierra, Bet they had no idea!!!!!!!!! Did they thank you for the wake-up call?

I guess if all they gonna do is deny and lie......might as well get ugly with them.

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Still waiting on them to concede, Im sure it had to hurt thier feelings, but somebody had to do it.

they are feeding me BS and throwing me peanuts now, what the hell do I have to lose.

Ive been struggling so long it dont even matter anymore. whats another 30 years.

Edited by 63SIERRA (see edit history)
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I also, do not know of any law or reg for a timeframe to send a SOC.

I read many cases at the BVA level where the result was a remand

because the VARO never sent the claimant a SOC / SSOC.

Here's an example:

"Accordingly, the case is REMANDED to the RO/AMC for the following action:

3. Provide the Veteran and her representative with a SOC on the following issue: entitlement to an initial compensable disability rating for service-connected IBS. This issue should be returned to the Board only if the Veteran perfects a timely appeal"

http://www.va.gov/vetapp13/Files3/1324666.txt

just another va stall tactic/// OH WE FORGOT TO SEND A SOC/

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with that being said is it possible to request that the BVA decide the case and not remand back to RO/

I have informed the WACO ro that they are incompetent, unfair, and I lost confidence in them to decide my cases fairly.

I HIGHLY suggest to all readers not to do something like the above in red.

Always reply to VA in a timely manner and with basic respect, no matter how they have

treated you.

Doing something like the above in red is a pretty good way to get your claim lost, put in the bottom

of a big pile or perhaps even tossed into the shredder bin.

jmho

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and heres my opinion, im tired of getting crapped on, and by calling them as they are at least they now know, they arent pulling the wool over my eyes, and lets them know they arent dealing with a coward, or fool.

I have solid written proof, written by them of all the wrong theyve done me. im tired of it. everything from adding false information to claims, to disregarding evidence, to violating my rights. we have the right to a appelate review and thats where it will likely end up and once there, I will REQUEST them to decide it and not the RO . With all of the mistakes they have made, and things they have done, I doubt it will remand, at least back to waco anyway.

every situation is different, this is just what mine has come to.

Edited by 63SIERRA (see edit history)
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Sierra, it's not a stretch for me personally to understand why you 're so upset. We've been at this for 21 years. I've learned that losing my cool only impedes my ability to think clearly and rationally as to how best to blow away a ridiculous SOC, and then an SSOC that only regurgitates the original SOC, especially after I waited almost two years to get the SSOC. Still, my opinion is that your approach holds too much potential to harm your claim. Unfortunately, it's their sand in their sandbox, they own the process, at least till you get an SOC. I'm sure your venting lets off some steam, but it does little to advance your interests in a productive way.

So, what can you do otherwise?

Complain to your Congressional reps through their local reps, in person, and have your case on paper to leave with them. We've done that and it helped when the Board mistakenly thought my husband rescinded an appeal when he did not ("clerical error, so sorry"). Copy your local media. Also copy the Board. They won't do anything, but you will be on record. Others will chime in here, but can Sierra file a Writ of Mandamus petition with the COVA this stage? He'll lose, but at least he kicked up some dust and he can apply for a waiver of the $50 fee. Even if the writ can't be done at this stage, the other actions have greater potential to help you than insulting the RO, since they obviously believe they are not accountable to you or anyone else. Prove them wrong - although they don't have to explain anything to you, they may end up having to explain things to someone else who can cause them grief if they take the same approach they've taken with you.

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The thing is they do it to most everyone. They treat Vets with the highest disdain. This is all by design. The cases that resolve within a year are as rare as hen's teeth. At first I used to be very upset until I realized it wasn't personal. The employees aren't evil. But how many people will do anything their boss asks of them for 80-100k? They got a good laugh from you at your expense. They probably talked about it at lunch and gave some high fives. Evidence, time, confidence and endurance to keep rolling will beat them in the end. They know that most Vets will get angry and eventually burn out or die; but very few will finish the race and appeal. When it's my turn in the process, I just toss in some paper and go on with life. I can't see wasting energy on a bunch of vA clowns when I can enjoy my retirement however short that may be.

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The thing is they do it to most everyone. They treat Vets with the highest disdain. This is all by design. The cases that resolve within a year are as rare as hen's teeth. At first I used to be very upset until I realized it wasn't personal. The employees aren't evil. But how many people will do anything their boss asks of them for 80-100k? They got a good laugh from you at your expense. They probably talked about it at lunch and gave some high fives. Evidence, time, confidence and endurance to keep rolling will beat them in the end. They know that most Vets will get angry and eventually burn out or die; but very few will finish the race and appeal. When it's my turn in the process, I just toss in some paper and go on with life. I can't see wasting energy on a bunch of vA clowns when I can enjoy my retirement however short that may be.

some good advice brother. thanks

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I feel your pain Sierra, but understand this is the process that they use to weed out potential problems. Most likely they well realize that you have a valid claim otherwise they wouldn't throw all these roadblocks up. Don't loose you're focus. Slow is smooth and smooth is fast. The center mass shot will present itself soon enough and with patience you'll get to see the red puff cloud when they make their big mistake and poof the head shot presents itself. Hang in there. You're moment will come.

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crimson mist ,, haha thanks brother!! we all need some encouragement from time to time, and im sure I will prevail, patience has never been one of my strongest attributes. I know there is an ancient proverb that says... Beware the ferocity of the patient man.

Edited by 63SIERRA (see edit history)
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  • HadIt.com Elder

Writ of Mandamus

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