Question about SOC

[Wayne TX]

I submitted 5 NODs in May 2016.......got SOC back on only two so far occurring in October 2017.  My question is this unusual to get only two (2) with SOC and the rest nothing to date.   I have requested a DRO Hearing so does the fact I received these two appeals as SOC kick in a Hearing Date for all five (5) appeals?   I was also wondering if the other three (3)  Appeals after nearly four months past have not been SOC yet as the two others does that reflect as a good sign they're not sure and have not reached a conclusion yet on whether or not to send a SOC, or maybe thinking to grant same?.  Sent in the Form 9 for the two that came with a SOC.

[Gastone]

Could you post redacted copies of the SOC?  Do you have a POA VSO, it's time to have a set down. Do you have a copy of your NOD Filing requesting the DRO Hearing?

Receiving an SOC, without having the actual DRO Hearing that you believed you requested at the time of your NOD Filing, usually indicates a DRO Review Decision to continue the original Denied issue. You wouldn't be the 1st Vet to think he requested a Hearing but got a Review instead. Generally, the error was committed by the VSR  failing to specify the DRO Hearing when filing the NOD on the Vet's behalf.

[Wayne TX]

Gastone........  a DRO Hearing was requested both at the time of making all 5 NODs in May 2016, and again was asked if I wanted a DRO Hearing when they sent me the SOC on the two of the 5 on Appeal.  Again it was made clear of my wanting a DRO Hearing on the Form 9 sent back on those two SOC.  The SOC said I could be seen sooner if I opted for a Video Conference Hearing with a Judge at RO, and I opted for that.  So they seem to be aware that I want at least a Video Hearing at RO.  I don't think they got me on a Review only waiting list since they asked again if I wanted a Video Hearing, and I elected for it and was notified of same on October 3, 2017.

The SOC was on Loss of Taste and Loss of Smell seeking an increase from 0% to 10% each as I was not properly tested on either............the SOC said it was denying the increase sought.  I never got a Hearing on those two Appeals....just a denial of increase in SOC.   The three others not sent a SOC to date include Sleep Apnea,  Chronic Urticaria, and an increase for Pansinuitis of 10% to 30%.   I don't understand why only two SOC were sent and I was denied an increase when I was not given an Hearing (as requested) and why not all 5 involved on Appeal were not addressed and denied as well.  I just don't get it.....how all this process works?  I thought I was entitled to a Hearing on all 5 Appeals before any decisions would be made?    Apparently, decisions have already been made on those two Appeals prior to a right to a  DRO Hearing as requested.

My main question still remains does the SOC received on those two and sending in the Form 9 on those two normally kick in a Hearing Date at RO for all 5 on Appeal? On the orginial NOD Form 21-0958 under Part III, Appeal Process Election I checked marked  for a Decision Review officer (DRO) Review Process.    The only other option was Traditional Appellate Review Process, which was not check marked.  On Oct. 3, 2017 was notified in a letter from Department of Veteran Affairs that I was put a list of persons wanting to appear at local VA office before a VLJ in D.C.  I have not heard a drop from VA since the October 3, 2017 Letter on anything else. 

The letter dated October 3, 2017, said as follows in the opening paragraph:   Based on your request for a videoconference hearing before a member of the Board of Veterans' Appeals (BVA), we have placed you on the list of persons wanting to appear at our office for a videoconference hearing before BVA.  On that date you will appear at the local VA office, while the Veterans Law Judge hearing your case will be at BVA's offices in Washington, D.C.

Edited February 11, 2018 by Wayne TX
add attachment....

[porgee]

All video hearing is at the RO BUT it is for BVA VIDEO HEARING before the

judge in DC. If you already had a DRO review and the denied it in the SOC, and

you still think the RO will grant it or for another look at the RO I think you have to 

have some new & great medical info.I would go for a decision at the BVA, jmho.

The other issues you hadn't receive a SOC than you will have to wait until

you get that decision. Maybe that's why you haven't heard anything and 

you r still waiting on the DRO hearing for them.

Edited February 11, 2018 by porgee

[Buck52]

Just my 2 cents

After reviewing your second  post  you never requested a INFORMAL DRO Hearing at your R.O. You Requested a DRO Review   that's the problem here  you should have Requested   Informal DRO Hearing at your R.O.   

So based on what the DRO Review is what prompt the video conference Hearing  (jmo)

It looks like to that you never made it clear about your DRO Hearing?

Wayne unless you never specified DRO Hearing at your R.O. And other things that you wanted in your 0958 (NOD Form)  R.O. Miss construe and Assumes

this is what happens to Veterans that don't make it clear in their NOD. 

This link at the bottom gives insight on SOC  SSOC  & DRO Reviews,  Informal Hearings & Formal DRO Hearings  ect,,,ect,,,

Here is some more information on filing the NOD

https://www.in.gov/dva/files/Appeal_Process_Within_the_Regional_Office(1).pdf

 

 

Edited February 11, 2018 by Buck52

[Buck52]

Also this letter you posted is NOT a SOC. if it is I never seen one like that?

[Wayne TX]

Buck.............I got a SOC letter on September 18, 2017 telling me basically I have been denied increases from 0% to 10% for Loss of Smell and Loss of Taste. What I posted was the letter that came dated October  3, 2017 saying based on my request for a videoconference hearing before BVA, I have been placed on the list of persons wanting to appear and that it would take place at the local VA office where my case will be heard via video by a VLJ.  I have not heard anything since that October 3, 2017 letter and have receive no further SOC on my remaining NODs.  

I am assuming on my remaining NODs I will either get more SOC denials. or I might get granted disabilities.  I was just wondering if this is normal to get this (SOC) in piece meal form if multiple NODs were filed - instead of all at one time.  In any event it appears based on Letter that I will get a Hearing at RO at some point so I can present additional evidence on any that are SOC denied. 

The part I find odd is I have N & M evidence on some of the remaining NODs that has not even been submitted yet as it came after the filing.  This would be favorable IMO's (new evidence) and I was holding until the Hearing to present same as told submitting new evidence would only delay a hearing date.  Is that correct or incorrect   Thanks..