Viewing Specific Evidence Listed In Statement Of The Case (Soc)

[Notorious Kelly]

Hi,

It's tough deciding whether to file Form 9 to appeal when I am not sure exactly what evidence was cited and conclusions made about that evidence.

The SOC has a laundry list of material but no specific citations, just general statements.

How can I file a Form 9 stating why I am appealing when I don't know what the case is? Is there a way to view other peperwork used by the VA for my case?

Thanks!

[Notorious Kelly]

Holy cow!

The VA may not give you the real gouge on your claim if it might "provoke feelings of hostility,...."

M21-1MRI_5_secD

Do not include matters in an SOC of a sensitive nature that would be injurious to the physical or mental health of the appellant...discussions of evidence in a way that might provoke feelings of hostility, resentment, or rejection on the part of the appellant or his/her family.

All matters can be disclosed to the appellant’s designated representative unless disclosure to the representative would be as harmful as if made to the appellant. Therefore, in some cases, two different versions of the SOC may be prepared when it is permissible to furnish full information to the representative.

http://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part1/ch05/M21-1MRI_5_secD.doc

How the f&*^ am i supposed to prepare my legal case when the VA is afraid to cite specific details.

This just gets worse...........

[63SIERRA]

Ive noticed in even the initial denials they put multiple reasons as to why you MAY have been denied, that way you cant pin them down on anything. They sure seem to be trying every trick in the book to keep from being cornered on any statements that will backfire on them. The more educated vets become in the process , the more the va seems to elevate thier trickery and deception. Generalization of reasons and basis is just a way to NOT tell you why they denied you, so you cant levee proof in your defense as to why they wrongfully denied you , because they havent actually told you why. Not only are they doing that, they are also not telling veterans what they must do to win thier claims either. C&P exams are being " thrown" by the examiners in order to deny the veteran, because they know most young vets dont have a pot to piss in or a window to throw it out of, much less money for an Imo.

It pathetic. Its sickening, and its getting worse.

[lotzaspotz]

Hi,

It's tough deciding whether to file Form 9 to appeal when I am not sure exactly what evidence was cited and conclusions made about that evidence.

The SOC has a laundry list of material but no specific citations, just general statements.

How can I file a Form 9 stating why I am appealing when I don't know what the case is? Is there a way to view other peperwork used by the VA for my case?

Thanks!

The evidence cited should be specifically listed under "Evidence" in your SOC. If it's not there, it wasn't considered. That evidence should also be discussed in the SOC. If it was listed as evidence, but never discussed, it wasn't considered. If any of what I just said is applicable, you can start with that as the basis of your Board appeal. So appeal it, you can always add evidence or a statement up until the day the Board hears the appeal.

[Notorious Kelly]

Thanks for the replies.

The problem is, the SOC mentions "inconsistencies' with no mention of exactly what they are.

Like 63SIERRA said, that keeps them from being cornered when I prove it wrong. But I have to know specifically what they're talking about.

Evidence has things like "Treatment Notes VAMC June 2025-Aug-2025", This report, That Report, but no specific evidence- how do they get away with this?!?

Imagine going to a US court and saying, "We found inconsistencies so he was denied".

What is the FIRST thing a judge is going to ask?

I need, "On June 13, 2025 you said you had back pain from being hit by a missile. The police report dated June 14, 2025 says no missile was involved'.

It's impossible to fight/prepare a rational defense without specific evidence listed.

Think I'll take your advice, lotz, and just go BVA.

Thanks!

[lotzaspotz]

Yes, get it out of the RO and on to the Board. The lack of specificity on those "inconsistencies" will probably lead to a Board remand, and those specifics at that time will be nailed down.

Do you have copies of the reports the RO cited?

I've found from personal experience that the RO often states the C & P examination yielded a different conclusion than what was actually printed in the C & P report. The RO sometimes "embellishes" in directions that end up denying the veteran the benefit of the doubt in situations where relative equipoise exists. I'm thinking that the same could be said for VA treatment records/reports. That's why I asked if you have copies of those reports.

[Gastone]

Notorious K: Your claim/claims denial had to be explicit in regards to what and why the VA rater decided against your claim. I've had approx. 6 claims submitted since 08/08 with multiple issues on all but 1. When awards or denials were issued, the rater, to best of my recollection gave a reason. My advice based on my own experience is to file your NOD stating the date of the VA Claims Denial letter. You don't have to list each claimed issue that was denied on your initial NOD. Your just "Officially" putting the VA on notice of your intent to appeal their decision/decisions regarding awards or denials list in your recent claims decision. This original NOD is the (1st) step and should be filed sooner rather than later. You can do it yourself or use a "Verified Competent" VSO that you trust. If your at the 11th month after the denial letter, FILE the NOD yourself before the "Denial" becomes final. Send it US Mail Cert-Return Receipt. Based on my VA Claims experience, 2 NODs, 1 "Informal Conference request" and recent DRO Personal Informal Hearing 06/27/14, I put "Requesting DRO Personal Hearing" on all NOD related correspondence.

You had to have had a C&P Exam, get a copy from your VAH medical records. The Dr had to fill out a VA DBQ regarding your claimed issues. Any outside medical DX's that you offered would be used in conjunction to rate your claim. Check your claimed issues in the 38 CFR 4 rating guide.

I waited over (3) years for my NOD Hearing due to waiting till the 11th month to file. The current time frame seems to be 21/2 years for DRO Hearing 3 to 4yrs for BVA Court.

Good Luck

Semper Fi

Gastone