NOD and SOC back injury

[Dqm71]

Hi  

 

I'm confused. I got my SOC couple days ago. 

1. Is this the end of my appeal?  

2. What is substantive appeal?

3. Purpose of the SOC?  

I am 100% disabled with SSD, one month before the VA gave me 10% disability for my back injury.

I just need help with explanations of these steps/processes.

[Guest L]

Dqm71:  Hi, What was the decision on the SOC?

This will be what is needed to answer the question initially. Also remember, SSDI & VA are two separate entities. Being "disabled" with one criteria, may not transfer to qualifying for criteria of "disabled: or having a disability in another.

 Back injuries are rated as high as 40% (fyi) 

 

[broncovet]

The SOC is a "sign".  The sign says:

"Your claim has been denied again (usually by the DRO).   This is SOP.  NOW YOU MUST FILE an I9, within 60 days of the SOC, to send your claim onto the Board of Veterans appeals.  If you do not file the I9, your appeal dies."  

[broncovet]

1.  No, its not the end of your appeal, UNLESS you fail to timely file the I9.  Do nothing and your appeal dies.

2.  "Substantive appeal" is legal mumbo jumbo for you need to file the I9.

3.  The SOC is done because regulations require it.  They are supposed to state YOUR case.  Its hogwash to expect VA to prepare your case for you.  But regulations do require it.  Its part of that "claimant friendly, non adversarial" BS the VA is always telling us, but then doing the opposite.  

[Dqm71]

@L   Thanks for the info. The soc states my 10% is continued.

[Dqm71]

@broncovet  Thanks.  

So I complete I9 and wait for BVA?  Is this a hearing in front of a judge? 

[ArNG11]

On 3/24/2017 at 1:04 PM, broncovet said:

1.  No, its not the end of your appeal, UNLESS you fail to timely file the I9.  Do nothing and your appeal dies.

2.  "Substantive appeal" is legal mumbo jumbo for you need to file the I9.

3.  The SOC is done because regulations require it.  They are supposed to state YOUR case.  Its hogwash to expect VA to prepare your case for you.  But regulations do require it.  Its part of that "claimant friendly, non adversarial" BS the VA is always telling us, but then doing the opposite.  

Unfortunately you hit the nail on the head with the filing of of I9.  Just like the timeline for the NOD, you cannot, absolutely not let those suspense date pass, other wise you claim is in serious trouble and possibly dead in the water.

Make reminders, alarms, notes or whatever mechanism will keep you on task.  So very important that this is done.