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SOC never received

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Navy4life

Question

When I filed my NOD in 2014, I specifically asked for a DRO review hearing on the NOD VA21-0958 form.  I never received anything in the mail.  After searching this site in January and the internet I found the following:

"After the VA receives a NOD from a veteran, it will prepare the Statement of the Case (SOC) for all issues that were not granted service connection or the maximum rating. The SOC is an explanation of the decision, including a cover letter that gives instructions about the appeal process. Also included in the SOC is a list of the issues being decided in the claim, a summary of evidence, the pertinent laws and VA regulations that relate to the claim, and the decision and reasoning behind each issue. The SOC may include helpful information in order for the veteran to prepare his or her appeal, but the most important thing to remember about the SOC is that the veteran has 60 days from the date of the SOC cover letter to send in VA Form 9, which is the substantive appeal. Failure to respond to the SOC within 60 days by filing VA Form 9 may result in the appeal being closed and the decision becoming final."

Fast forward to January 2016 when I inquired about my NOD, I found out that it sat "dormant" and that it "missed a step" in the processing of the NOD.  I wound up having my DRO review hearing in February.

My questions are:

1. Wasn't I supposed to receive the SOC?

2. Will I receive an SOC regardless of the outcome of my DRO hearing?

3. When I filed out the VA21-0958 one of the questions specifically asks the Veteran to list the service connection and % the Veteran feels warrants the service connection. Obvisously this is what I feel I deserve but is this actually something the DRO reviews and considers?

4.  Since I never received the SOC is that any violation of my rights?

Thank you

US Navy Desert Storm Veteran
Proudly served my Country!!! :biggrin:

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49 minutes ago, RUREADY said:

sound like this claim isn't done yet. You get a SOC

when the Dro decide claim or finish it.

That's not what the verbiage I quoted in my original post says. It clearly states I should receive an SOC after the VA revives my NOD

US Navy Desert Storm Veteran
Proudly served my Country!!! :biggrin:

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SOC's and SSOC's are sent out when Denials are Continued, after the receipt of N & M Evidence has either "Triggered an Automatic Review" by a Sr Rater or DRO or an actual DRO Review or Hearing Decision Denial.

Not really sure, but an SOC might be sent out if a Denial Decision becomes final, without the Vet filing his Timely NOD. 

My experience 06/29/14 with a DRO Hearing from NOD filed 2010, indicates that you will not receive a SOC, if the DRO decides in your favor and there are no NOD'd issues remaining Denied. I had (1) SC @ 0% NOD issue that I decided to withdraw, all other $$ issues were Awarded.

A fellow Vet, received his SOC, after DRO Review Denial Decision, due to not supplying any New & Material Evidence. He then forwarded to the VA, what he thought was his Compelling New & Material Evidence, 6 mos later, received a SSOC continuing his Denial.

Semper Fi

 

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18 hours ago, Navy4life said:

"After the VA receives a NOD from a veteran, it will prepare the Statement of the Case (SOC) for all issues that were not granted service connection or the maximum rating. The SOC is an explanation of the decision, including a cover letter that gives instructions about the appeal process. Also included in the SOC is a list of the issues being decided in the claim, a summary of evidence, the pertinent laws and VA regulations that relate to the claim, and the decision and reasoning behind each issue. The SOC may include helpful information in order for the veteran to prepare his or her appeal, but the most important thing to remember about the SOC is that the veteran has 60 days from the date of the SOC cover letter to send in VA Form 9, which is the substantive appeal. Failure to respond to the SOC within 60 days by filing VA Form 9 may result in the appeal being closed and the decision becoming final."

Am I reading this wrong?  I got this from this site.  Is this correct?  If so, it clearly states that after the Veteran files the NOD, the VA prepares an SOC for all issues that were not granted.  Should I have not received one in November 2014 when I filed my NOD requesting a DRO hearing?

US Navy Desert Storm Veteran
Proudly served my Country!!! :biggrin:

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My questions are:

1. Wasn't I supposed to receive the SOC? When you file a NOD, you have two paths you can take. A traditional path to the BVA without a DRO review or 38 CFR  3.2600 (DRO review) The traditional path will send you the SOC ( usually 16 months) and you have 60 days to file the VA 9. The DRO path will result in a de novo review and either the granting of the claim or the issuance of the SOC. In some cases, you win some of your appeal issues and the SOC is issued for those denied.

2. Will I receive an SOC regardless of the outcome of my DRO hearing? Yes.  If they grant all your claims but there still is a higher rating available that was not granted, then the claim remains in contention. AB v Brown (1994) said that a Vet is seeking the highest rating possible and therefore the claim remains in appellate status until you quit fighting it or you win all that is possible to win. 

3. When I filed out the VA21-0958 one of the questions specifically asks the Veteran to list the service connection and % the Veteran feels warrants the service connection. Obvisously this is what I feel I deserve but is this actually something the DRO reviews and considers? VA must grant any and all benefits to which we are entitled to by law and which they have the power to grant. If you have hammer toe and ask for a 60% rating for it in the 21-0958, you're not going to win regardless how you feel on the subject. The ratings schedule is set out in Part 4. You can ask for the moon but if the rating doesn't go that high, they cannot award it. 

4.  Since I never received the SOC is that any violation of my rights? No. You cannot receive the SOC until the DRO makes a decision on what to grant and what to deny. You usually receive two documents after a review. One is a new rating sheet telling you what you won or lost and the other is the SOC explaining why. At that point you have 60 days to file a VA 9 or the balance of the year from the day you received the initial denial you filed the NOD from.

By law, you can rebut the SOC with new and material evidence. If you do, and VA still denies you, they send out a SSOC explaining why (or they grant the claim). If they continue the denial in a SSOC, you have 30 days to rebut the SSOC- or file your VA 9. Remember, once you file the VA 9, the VA begins the process of wrapping up the appeal, certifying it with a Form 8 and preparing it for transmittal to DC to the BVA. No more action will be taken on the appeal at the RO once the VA 9 is submitted. My world record was in 1991 with a SOC rebuttal followed by two SSOC rebuttals before I filed my VA 9. If you do this, time is of the essence in making sure you do not blow the suspense date(s). Green cards and snail mail are de rigueur when doing this nowadays. No eBennies or electronic filings. I delivered mine to the Seattle RO and had them hand stamped. And yes. I still lost.

 

 

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  • HadIt.com Elder

Great info /explantion from Asknod

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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