Statement Of The Case

[63SIERRA]

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

[Philip Rogers]

Not to my knowledge and with everything being backed up, like it is, it could take a year. jmo

pr

Edited August 14, 2014 by Philip Rogers

[63SIERRA]

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 August 14, 2014 by 63SIERRA

[carlie]

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

[63SIERRA]

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.

[Berta]

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.

[GatorNavy]

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.