DRAFT DECISION BUT SOC ISSUED?

[CaliBay]

Hi Everyone,

I am baffled at how the VA works.  This is an excerpt of a Draft Decision my lawyer stated the DRO made on my appeal.  Apparently, it is not finished yet because he or she needs to send it out to his supervisor for approval.  This was back in December when I received this and an SOC was issued stating the same thing of an increase from 50% to 70%.  My question is, when does the draft decision become final.  I find it weird I have 60 days to appeal the SOC with a Form 9 when the decision has not been approved yet.  Any insight on my situation and how long it takes for them to approve a draft decision from the DRO?  Status on Ebennies states SOC issued.

 

CaliBay
 

 

JURISDICTION: Notice of Disagreement Received 03/15/2016

ASSOCIATED CLAIM(s): 170; DRO Notice of Disagreement; 03/15/2016
SUBJECT TO COMPENSATION (1.SC)

9434 MAJOR DEPRESSIVE DISORDER (CLAIMED AS PSYCHOLOGICAL PROBLEMS
TO INCLUDE DEPRESSION, ANXIETY, FEAR, PANIC, AND POST TRAUMATIC
STRESS DISORDER) (CLAIMED AS ANXIETY, STRESS, AND SLEEP
DISTURBANCES)

Service Connected, Gulf War, Incurred
Static Disability
50% from 06/01/2011
70% from 08/28/2014

COMBINED EVALUATION FOR COMPENSATION :
50% from 06/01/2011
70% from 08/28/2014

 

[broncovet]

These are good questions to discuss with your lawyer.  As he has reviewed your file, and I have not, his advice is preferred over ours.  

However,

The "draft decision" does not become "final".  There are no time limits on anything the VA does, they can take years or even decades to do what should take 5 minutes to accomplish.  This is the accountability problem that is talked about so much.  

Your SOC IS a DRO decision.  An SOC is required anytime that even a part of the benefits under appeal is denied.  

You have 60 days to file an I9 (appeal to the BVA) after you get the SOC or else your appeal is terminated.  

[Lemuel]

Seems like an unintentional or possibly intentional deceptive technique.  Make sure you meet the I9 deadline.  I found out that I had to meet the 120 day NOA deadline for a CAVC appeal on one item denied, one item approved and the rest remanded by the BVA.

Apparently, as with my NOA, it goes to the whole decision although only the denied item will be considered currently.  So I was able to submit a dispute with the Record Before the Agency that covers the remanded items and the CAVC issued the order attached.

20171201 Clerk Order re RBA correction.pdf