Appeal Question to ask

[Wayne TX]

Got a question....I filed five NODs 17 months ago....... eBenefits under Open Appeals  for these 17 months just said  - Appeal Pending -Notice of Agreement received and dated.  Well, sometime over the past week days that changed 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 Veteran's Appeals.  I requested a DRO Hearing when I filed NODs.  Is this just routine procedure to be sent a Statement of the Case at this stage?   I have not received a DRO Hearing date yet?   

[Wayne TX]

Gastone........on my NOD Form 21-095B, Part III (Appeal Process Election)....it gives only provides two options....(1) Decision Review Officer (DRO) Review Process and (2) Traditional Appeliate Review Process.....I checked the DRO Process.  There is nothing in these options stating a Hearing.   I definitely want a Hearing to answer questions face to face.........not just a Review......so how do I find out now if I actually have a Hearing that will be scheduled in my behalf?    Thanks 

Edited September 24, 2017 by Wayne TX
add more....

[Wayne TX]

Buck52........As you know I'm dealing with Waco........this is what showed up on eBenefits just a few days ago after already receiving SOC and submitting Form 9.......says:  Appeal Pending - Statement of the Case (SOC) VA has received your Form 9 and you will begin completing final actions regarding your appeal before it is sent to the Board of Veteran's Appeals. Date Not Available.    

That's been the only update I've got since and the first anything new has landed on eBenefits.  I am just trying to understand if this is simply normal procedure or maybe not...........need to be sure I am definitely covered for a DRO Hearing and not a Review.  I always thought a SOC came if they denied an Appeal, but all it said was why they denied me on all conditions in more detail "why" than the Rating Decision Letter......it was just a legal jargon.  All they required was to receive back Form 9 to let them know I wished to precede with my Appeal.   Like I told  Gastone.......on NOD 21-0958, Part III......it asks to select a Appeals Processing Methods......Decision Review Process (DRO) or Traditional Appellate Review.....I checked off DRO Process and beside it wrote (HEARING).......just to be sure they know I want a Hearing and not a Review.   I assumed that would be sufficient and clear enough, but now I am beginning to believe based on this eBenefits message that they may be just treating this as a Review only..  Any suggestions.  How can I find out who has been assigned to my DRO Hearing in Waco so I can know for sure it will be a Hearing as requested?   Thanks.

Edited September 25, 2017 by Wayne TX

[Buck52]

Wayne so sorry your having to go through all this.

you should have already recieved the letter from the DRO that will hear your case  they are the ones that send out the DRO Hearing letter and put their names on the letter  and you send your reply back to them within 30 days after you hear from them  in your case either the DRO Letter got lost in mail or he never sent you one ? this is why you need your C-FILE  ASAP that DRO letter should be in your C-FILE  if not  then he never sent you one. 

I hope that when you did request a DRO Hearing you got a return certified Mail receipt that someone from the R.O. Signed for? this is creditable evidence.

Yes Waco is a long wait and their so busy...It took me 5 years to get my first claim at the Waco R.O. but that was like in 1998 to 2002.

and so many new Gulf war Vets coming home they even more busy with claims.

If you have not yet? and you been denied on all your 5 claims  or two or three and never herd a word about your DRO Hearing IN 17 MONTHS and you filed it in a timely manner within 1 year from your denial's

It maybe time you seek an experienced VA Attorney  or a Experience VA Certified Rep

its sounds like they have your claims all screwed up and no telling where they are or even being looked at?

or you got an idiot to work your claims.??

You need your C-file  that is a must ... evidence is in it will  help you!

Talk to an experience Attorney about all this....if you file a request or file anything that concerns your claims this will even cause more delays  as they  seem to miss judge or miss read what the veteran is requesting and  seem to think your filing a new claim

if you have called and ask about the status of your claim or check e benefits and its unclear about your status....seek an Attorney SOON.

Edited September 25, 2017 by Buck52

[Wayne TX]

Buck.......I am seeking legal now..........before they up and deny all 5 appeals without the benefit of a Hearing or see all my N&M evidence still not on the table.  Two of them have met all VA qualifying  criteria......... so I don't need this messed up and drawn out any longer. I have not received a letter from a DRO. 

[Gastone]

Wayne, have you received the alluded to SOC yet? I have to ask you again, did you file your NOD by yourself or did a VSO Rep do the filing?

Did you follow-up your NOD 21-095B filing immediately, requesting in writing an Official DRO Hearing? If not, it certainly appears that by failing to do so, you left yourself open for the DRO "Review."

I don't see where you mention the use of a VSO at any time. If you don't have a POA VSO, it's time to get one. A POA VSR can directly access your current Appeal Documents as well as your entire C-File online.

When you decide to do the RO visit, stop in at one of the VSO HQ offices located on the same floor as the RO. Discuss your DRO situation, see what info they can provide. Usually the VSO HQ has at least (1) Senior VSR that accompanies Vets to their DRO Hearing. Call ahead to see when this Reps in the office. He's usually on a 1st name basis with the different DROs.

[Buck52]

Gastone

I believe Wayne did file his NOD right when he was denied and requested the DRO Hearing..and waited and waited  and not a word nor smell of anything back from R.O. (not sure he used a VSO?)

  Although  he should have contacted his R.O. close to the 1 year NOD limit , 17 months out and not a word......could be an CUE on them...but if the DRO Letter is in his C-FILE  then no CUE  either the letter got lost in the mail or sent to the wrong veteran.

The Waco Tx R.O. is  one of the busy R.O. in the nation and requires appointment...it may not now?  but back when I was doing my claim I had to make an appointment to come to the R.O.

I had went to my R.O. one time without an appointment and ask to see my C-File  they could not find it...I was ask to sign a I-19 FORM that is to show I was there but they could not find my C-FILE  And I was given a non contact  Form to sign that my C-FILE was not there  that's the I-19

Just more VA B.S.