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?   

[jfrei]

Did you have time to visit your RO calling does nothing anymore just walk in if able too? They cant hide behind a phone a feed you BS when your in front of them..

[Wayne TX]

Gastone & Buck,

I had my last claim filed by the Texas Veterans Commission Office located at Dallas VA Hospital......it was for a Statement of Support for Reconsideration on a claim that the VA actually agreed that I had a SC disability but rated me at zero compensation 21 months ago.  I was livid because the facts had been properly sent.  I told the TVC officer I was wronged and  that I felt Waco was messing with me. I told her I wanted to file a Reconsideration before I did a NOD (as would take much longer) on it. I simply provided the facts again showing where I had legally met the criteria for 10%.  I do not know if VA considers a Reconsideration as part of an Appeal or not,  but at that point I had not filed a NOD 21-0958 on anything to VA.  It was delivered as a Statement of Support seeking a Reconsideration from 0% to 10%.  I know this sounds un-Waco like speed,  but they not only made the award this time to 10%....it only took them only about 100 days from sending in the Reconsideration. That was my last dealing with TVC....I was not impressed who I was dealing with.......just another clerk like the original VSO I started out with.......all they would say to anything was that's a legal question I can not answer.  I then immediately preceded on my own to file  21-0958 on 5 Appeals 17 months ago,  and I checked under Section III, a DRO Review (nothing was said of Hearing) but I also  hand wrote (Hearing) to the side of it.  I did not check Traditional Review. I never received a Form 9 or a SOC as they claimed they sent me.  The only way I knew what was going on was through the status change on my eBenefits account.   In fact, I have not heard zip until my eBenefits status finally changed last week.  I guess my question here now is since I did a Reconsideration and won the increase is it possible VA treated the Reconsideration as an NOD Appeal even before these other 5 NODs were submitted at the same time 17 months ago. Further, the disability that I was awarded from 0 to 10% still allows up to a 30% max, scheduler rating,  and I had qualified again between the Reconsideration award and the submitting of the NOD Appeal.  As for the 10 to 30% rating increase that was one of my 5 NOD's that filed 17 months ago.  I am still perplexed why VA is saying they sent me a SOC and had received my Form 9 ????.  I fear they either got me mixed up with another case file, or perhaps now confused since I won a Reconsideration disability claim and then immediately filed a NOD on same exact disability again to be increased to 30%.  Got any ideas?   I'm working the Brazos River here without a paddle....seeking some ideas or hunches. I'm stumped.   Thanks guys..   

[Wayne TX]

jfrei.........I am seriously considering doing a face to face RO visit very soon........hope not turned away for lack of an appointment......260 miles round trip.  

[Buck52]

Wayne

I am not 100% sure but a Reopen claim may have been the way to go if your NOD Time limit has expired? and your claims have been closed ?

Reconsideration I think I remember reading  that  it takes away your EED...But I'm not 100% sure on that?

Have you already filed a Reconsideration ? How long has it been since  you filed the 21-0958?

  Did the TVC Officer have you file a Reconsideration? & Not NOD?

Request for Reconsideration Works like this

''A claimant or representative may request reconsideration of a (BVA decision) at any time upon

allegation of error of fact or law;

discovery of new and material evidence in the form of relevant service records;

or allegation of fraud or misrepresentation of evidence which materially influenced the Board's decision.

 

However, if an appeal has been filed with the court, BVA may not reconsider its decision unless the court gives specific permission.''

Decision Review Officers

''One of the most significant changes to the traditional appeals process is the creation of the "De Novo" review. Webster's defines "De Novo" as Latin for "anew, afresh, again, from the beginning." That is just what the new regulation, 38 CFR 3.2600, "Review of benefits claims decisions," does. It offers a new appeal procedure at the Regional Office level that may result in a faster resolution of cases and cut down time-consuming traditional appeals.''

''As of June 1, 2001 a claimant can elect to have a Decision Review Officer (DRO) take a fresh look at the issue(s) on appeal by making a request for DRO review on the same statement as the Notice of Disagreement (NOD). The VA will also advise the claimant of the DRO option if the NOD did not specifically request this procedure.''

''A claimant then has 60 days to accept the DRO review in writing, before the appeal is reviewed under the traditional process (the 60 day time limit can not be extended)''.

''The VARO will appoint a DRO

to look at all the evidence on record,

give no deference to the previous decision, and

decide if further development or a personal hearing would be in order.''

''The DRO may consult with the accredited representative to discuss the issue(s) on appeal, any further development or evidence needed, conduct personal hearings, or to determine if the appeal can be satisfied by a decision that does not grant all issues (i.e. a veteran will accept a higher scheduler rating even though a claim for Individual Unemployability benefits remains denied)''.

''The DRO is limited to making decisions that are in keeping with a previous VARO decision or one that is favorable to the claimant.''

''Should the DRO uphold the prior decision or if the claimant is still dissatisfied with the new decision, the appeal is returned to the traditional BVA process.''

 

Wayne call the Waco R.O. and ask them if you can come in and talk with a VSO about what has happen and happening with your claims and see if they can tell you the claims status and the where abouts of your claim or claims?

Ask if your claims are in Appeals and being look at  or Adjudicated?  and also tell them your claims have been under VA  Continue  prosecution without any information given to you in the last 17 months  and you would like some answers to the full status of your claim.

Ask if your claims have been closed? OR Shopped out to another R.O??... let them  know nothing is showing up on your e benefits site  & you have not been contacted by the VA or anyone  related with the DVA (Dept of Veterans Affairs ) ect,,ect,,

And please tell the VSO  Not to tell you how busy the R.O. IS AND THESE THINGS TAKE TIME  (thats B.S.)

 IF HE/SHE CAN'T HELP YOU OR GIVE YOU SOME INFORMATION STATUS ON YOUR CLAIM,....>THEN SEE  A SUPERVISOR AT THE R.O.

(their usually very nice)

Also

Ask to view your C-FLE while your there they will be with you all the time you view it and watch you like a Hawk  but if you find anything in it  that will help with your claims  medical reports  ect,,,ect,,they can make you copies.

Also before you leave the R.O. be sure to get a'' Report of Contact'' showing that you were there at your R.O. on this date to gather more information that will be substantial during the process of your claim.

jmo

 

 

 

 

Edited September 27, 2017 by Buck52

[jfrei]

11 hours ago, Wayne TX said:

jfrei.........I am seriously considering doing a face to face RO visit very soon........hope not turned away for lack of an appointment......260 miles round trip.  

Just double check by calling RO that it isn't a fed. holiday that day of the trip or if they are closed. I never had an appointment its like anything else you wait your turn at the disability center of the RO, that is how it is in Philly or Wilmington DE RO. I've been to the Philly RO with my wife about 6 times including just the one was an appointment for my DRO hearing. I mean this is where you go if your enrolled in Voc Rehab for your initial evaluation. When is the big trip and which RO? If this is there address call and check before making the drive...

Address: 4500 S Lancaster Rd, Dallas, TX 75216

Phone: (214) 742-8387

[Buck52]

4500 S Lancaster Rd    is the BIG Veteran Hospital in Dallas.

 

Dept of Veterans Affairs ( Regional  Office)

701 Clay Ave 

Waco, Tx  76799         is the Waco R.O.