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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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it took me 24 months for SOC and another 36 for

the SSOC & that was only after contacting Bob. I got a

quick denial from the RO and now years of appeals  You  file

a NOD a Dro will review you NOD whether you ask for it or not???

then issue a SOC right ??just asking. I ask my claim be sent to BVA

and let them decide it, but I still had to wait for SOC & if

you summit new evidence after you get your SOC its another 3 years

before SSOC then to BVA, CAVA, RO right back around for a new day

at benefits

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3 minutes ago, RUREADY said:

You  file

a NOD a Dro will review you NOD whether you ask for it or not???

When I filed the NOD I specifically asked for a DRO review hearing in my NOD and therefore I had to be afforded an "in person" hearing.  I had it and now I am waiting for the decision from the DRO hearing officer.

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

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9 minutes ago, RUREADY said:

I ask my claim be sent to BVA

and let them decide it, but I still had to wait for SOC & if

you summit new evidence after you get your SOC its another 3 years

before SSOC then to BVA, CAVA, RO right back around for a new day

at benefits

Ruready;

Did you file an NOD?  If so, did it get denied and hence you are now awaiting the appeal through the BVA?

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

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that's what I thought you said

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

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

you will receive a SOC so you can continue your appeals if you disagree

with it

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1 minute ago, RUREADY said:

that's what I thought you said

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

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

you will receive a SOC so you can continue your appeals if you disagree

with it

I did but if you read my ORIGINAL post I found wording that indicated I was going to receive it after the VA received my NOD.  Since my original post, Asknod answered what I was looking for and understand I have to wait :)

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

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3 minutes ago, Navy4life said:

Ruready;

Did you file an NOD?  If so, did it get denied and hence you are now awaiting the appeal through the BVA?

I file NOD that prom a SOC I summited an IMO after SOC and VA issue

a grant but not the correct effective date so I got the SSOC a partial grant

I appeal to BVA & they agree with the RO I appeal at CAVC they REMAND  back to BVA

BACK TO RO now to the Directors office which never approve 4.16(b) so I wait another

3 years for a reply, sick of this sh*t from VA

 

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