How To Read A Statement Of The Case (Screencast Video)

[VetlawUS]

A Veteran gave me permission to "Screencast" his Statement of the Case (SOC), so I could explain to y'all how to read and understand this form.

Take a look at this Screencast video, and tell me if it is helpful - if so, I will make a ton more of them for y'all.

Screencast Video: How to Read a VA Statement of the Case (SOC)

Chris Attig

Veterans Law Blog

[vern2]

Wow, great video. Served on M-42 "Duster" from 72'-80. Open top tank with twin 40 mm AA guns. Very loud when firing. No hearing protection at all. Saw videos of sister unit from SCARNG firing at Camp Blanding in 70's, men clearly had no hearing protection on Internet.

I was diagnosed by VA in 07 with high frequency hearing loss. VA refused to do anything. Now my hearing is worse, probably have to get hearing aid. Thinking I should file claim for hearing loss. Never teated for this condition, as liked being part of a "Duster " crew!

Hell, I was young and did not know any better.

[vern2]

CHRIS, BTW, spoke with a Jennifer and tried to get your firm to represent me in my appeal. I was denied, no reason given. My claim is still at RO awaiting DRO review since Oct 2013.

[VetlawUS]

Vern - sorry we couldn't help you. There are so many Vets needing help that we have to make some tough decisions. Every quarter, I'm able to take more cases, but getting attorneys trained to do this work - the RIGHT way - is hard and takes time. We just hired an attorney whose brother was killed at Fallujah, and she is on a mission to get Vets better representation...and I'm scouting law schools and the ranks of small and solo attorneys for the talent to hire in quarter 3. That doesn't soothe you, I'm sure - I'm sorry we couldn't help in your appeal.

Everyone else.....what VA Form should I screencast next?

[Fat]

Form 9

[broncovet]

Thank you Chris Attig! Incredibly, I was going to put up a similar post, linking your video on SOC's.

You also bring up a good point. Many Veterans can not get representation from attornies because their claim is not lucrative enough or, the law firm can not wait 5 years for their money either. There are many areas of law which are more lucrative than VA law, and the firm does not need to wait that long for their mere 20 percent. I think the cap at 20 percent is ridiculious. Why can a Veteran not elect to compensate an attorney, 25 perccent, 40 percent, or even 50 percent if he so chooses, reminding you that, in many cases, an unrepresented Veteran (or one represented by a VSO) has almost no chance of success, so half a loaf is better than none. Some vets cases are extremely complex, and have gone on for decades, with VARO's putting Veterans on an endless stream of hamster wheels.

Often it is not about whether the claimants claim has merit or not. In Vern's, case, its well established the VA must give a reasons and bases, and no R and B pretty much guarntees a remand, along with EAJA fees. Of course, the VA can then continue the hamster wheel by issuing a new decision, upon remand, again denying benefits, but this time with reasons why.

Its just crazy that VA can willfully violate their own regulations like this, and never have accountability..its the Veteran and his family that suffers. The VA can/ does pull this off every day. I will estimate than less than 10% of board decisions are "correct", but, of those, it may only be that half of those are "worth it" to appeal.

Edited May 22, 2015 by broncovet