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salty31b

Appeal SOC and moved to Pending decision approval

Question

I filed a NOD for being granted 0% for a foot condition on 3/07/2017 and opted to not have a disposition instead I provided medical evidence. I provided this evidence and was required to have a C&P exam. I went to this exam on 07/21/2017 and the doctor went through the DBQ. Today I check eBenifits to see that my appeal went from Appeal received to Appeal Pending - Statement of the Case (SOC)  "VA has received your Form 9 and will begin completing final actions regarding your appeal before it is sent to the Board of Veterans’ Appeals." and I have now have an open claim that gives the status of Pending decision approval. 

 

I know SOCs are not always the best thing to get, am I getting denied again?

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Its likely, but we can not tell from what you posted whether you will be denied again.  When you submit new and material evidence under 38 cfr 3.156, the VA is supposed to give you consideration and, if they determine your new evidence was probative, the RO can award benefits.  

Given they gave you a c and p exam, this is possible, but there was likely some evidence still absent, and your c and p may have provided that.  Did you get the c and p exam and read it?  

Did you get your cfile and check the documentation of your caluza elements?  If you have all 3 caluza elements, then you should get an award.  If you dont, you will likely be given another chance upon appeal.  

Generally, a SOC means that one or more benefits is denied.  Some could be awarded, but at least one has been denied.  

When you get the SOC, you have 60 days to file an I9, or your appeal dies a painful death.    If one condition is awarded, and another is denied in the SOC, you still need to file an I9 if you wish to continue your dispute to get the additional benefits that were denied.  If you dont like the disability percentage or effective date, then you can appeal those with the I9 also.  

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40 minutes ago, broncovet said:

Its likely, but we can not tell from what you posted whether you will be denied again.  When you submit new and material evidence under 38 cfr 3.156, the VA is supposed to give you consideration and, if they determine your new evidence was probative, the RO can award benefits.  

Given they gave you a c and p exam, this is possible, but there was likely some evidence still absent, and your c and p may have provided that.  Did you get the c and p exam and read it?  

Did you get your cfile and check the documentation of your caluza elements?  If you have all 3 caluza elements, then you should get an award.  If you dont, you will likely be given another chance upon appeal.  

Generally, a SOC means that one or more benefits is denied.  Some could be awarded, but at least one has been denied.  

When you get the SOC, you have 60 days to file an I9, or your appeal dies a painful death.    If one condition is awarded, and another is denied in the SOC, you still need to file an I9 if you wish to continue your dispute to get the additional benefits that were denied.  If you dont like the disability percentage or effective date, then you can appeal those with the I9 also.  

Thank you for your response. I only appealed one disability, so the SOC I am going to receive is most likely going to tell me my claim was denied? 

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Yes.  There is no reason to issue an SOC if all the benefits are awarded.  The SOC is to continue the appeal, and you wont do that if you get all your benefits.  Of course, you are relying on ebenefits, which is a bad idea considering it is unreliable.  You will just have to wait for the BBE..its pointless speculating on what VA will or will not do.  

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