d. Matters Not to Be Disclosed in an SOC Do not include matters in an SOC of a sensitive nature that would be injurious to the physical or mental health of the appellant, including
• matters considered by responsible medical authority to be injurious to the appellant’s health
• references to
a prognosis of “poor” or “terminal,” or
conditions of misconduct, unless the specific misconduct is relevant to the issue, or
• 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.
19. Preparing an SOC, Continued
e. Disclosing Information to the Appellant’s Representative 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.
Use the table below when disclosing information to the appellant’s representative.
If the appellant … And the … Then …
has a representative matters omitted from the appellant’s SOC can be released to his/her representative • prepare a separate SOC for the appellant and omit matters not to be disclosed
• furnish copies of the edited SOC to both the representative and the appellant, and
• annotate the representative’s copy and the original SOC (full statement) to show what portions were deleted from the copy sent to the appellant.
Note: Annotate the statements to the effect that the material omitted from the appellant’s SOC is not to be revealed to him/her.
19. Preparing an SOC, Continued
e. Disclosing Information to the Appellant’s Representative (continued)
If the appellant … And the … Then …
matters omitted from the appellant’s SOC cannot be released to his/her representative, such as information that might provoke feelings of hostility, resentment, or rejection on the part of the representative • prepare a modified statement omitting these matters
• furnish copies of the edited SOC to the appellant and his/her representative, and
• annotate the original SOC to show that matters not to be disclosed to the appellant or his/her representative were omitted from their copies.
does not have a representative SOC contains matters not to be disclosed to the appellant • eliminate those specific references from the SOC that will be furnished to the appellant, and
• annotate the original SOC (full statement) to show what portions were deleted from the copy sent to the appellant.
Question
free_spirit_etc
http://www.warms.vba.va.gov/admin21/m21_1/mr/part1/ch05.doc
d. Matters Not to Be Disclosed in an SOC Do not include matters in an SOC of a sensitive nature that would be injurious to the physical or mental health of the appellant, including
• matters considered by responsible medical authority to be injurious to the appellant’s health
• references to
a prognosis of “poor” or “terminal,” or
conditions of misconduct, unless the specific misconduct is relevant to the issue, or
• 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.
19. Preparing an SOC, Continued
e. Disclosing Information to the Appellant’s Representative 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.
Use the table below when disclosing information to the appellant’s representative.
If the appellant … And the … Then …
has a representative matters omitted from the appellant’s SOC can be released to his/her representative • prepare a separate SOC for the appellant and omit matters not to be disclosed
• furnish copies of the edited SOC to both the representative and the appellant, and
• annotate the representative’s copy and the original SOC (full statement) to show what portions were deleted from the copy sent to the appellant.
Note: Annotate the statements to the effect that the material omitted from the appellant’s SOC is not to be revealed to him/her.
19. Preparing an SOC, Continued
e. Disclosing Information to the Appellant’s Representative (continued)
If the appellant … And the … Then …
matters omitted from the appellant’s SOC cannot be released to his/her representative, such as information that might provoke feelings of hostility, resentment, or rejection on the part of the representative • prepare a modified statement omitting these matters
• furnish copies of the edited SOC to the appellant and his/her representative, and
• annotate the original SOC to show that matters not to be disclosed to the appellant or his/her representative were omitted from their copies.
does not have a representative SOC contains matters not to be disclosed to the appellant • eliminate those specific references from the SOC that will be furnished to the appellant, and
• annotate the original SOC (full statement) to show what portions were deleted from the copy sent to the appellant.
Link to comment
Share on other sites
Top Posters For This Question
4
2
2
1
Popular Days
Nov 10
9
Top Posters For This Question
free_spirit_etc 4 posts
john999 2 posts
Josephine 2 posts
Berta 1 post
Popular Days
Nov 10 2006
9 posts
8 answers to this question
Recommended Posts