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Question about SOC

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Wayne TX

Question

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.

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  • HadIt.com Elder

I must read it wrong  I thought you put that up as your SOC. sorry

But in my opinion never hold on to probative evidence  make copies and send it in ,  the Hearings are supposed to be first come first serve.

The claimant can request review by a Decision Review Officer (DRO) when the NOD is submitted. (aka: DeNovo Review) recommended • Request “DeNovo Review” or “DRO Review” (with or without a hearing) in the text box of the 0958 • The claimant can also request the traditional appeal process without DRO review. • Causes an SOC to be generated, and sent to BVA quicker • If the claimant does not specify which process he/she prefers, that information will be requested by letter. • If Vet still doesn’t state which, then “traditional appeal” and SOC

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  • HadIt.com Elder

 Send in your evidence then YOU NEED TO WAIT ON THE DECISIONS! i DON'T THINK THAT WILL HOLD UP YOUR CLAIMS.Being they are in Appeals.

Edited by Buck52
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Send in your evidence then YOU NEED TO WAIT ON THE DECISIONS! i DON'T THINK THAT WILL

HOLD UP YOUR CLAIMS.Being

. Bull-crap ANYTIME YOU SEND IN NEW EVIDENCE THE  RO has too review it.

That being said if you have new evidence on the claims for appeals and you think

you can win at the RO and you try it and let us know. I've been in appeals so long all I can say

your claim I suggest you summit your evidence at BVA heaing or video .There is no need to fight

the RO ANYMORE. They wont change the decision unless u fight it at BVA jmho 

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  • HadIt.com Elder

porgee you do what you think is better for you maybe this is a good example  why you been in appeals for so long.?

  ...They make decision on evidence  and if they don't have that evidence  how will they make a decision other than a denial  b/c lack of evidence.

your correct they review it  how else do you think they can make a decision?

It is BS holding up a claim...

 

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  • HadIt.com Elder

I Forgot about the 90 day letter

a veteran with an appeal at the BVA may submit evidence that was not previously part of the record. However, any new evidence must be submitted within 90 days of the date on the letter sent notifying the veteran that their appeal had been sent to the BVA (this letter is known as the “90 Day Letter”). Even if the RO correctly denied a claim based on the evidence they had at the time, the BVA may grant that same claim if new evidence has been submitted since the RO’s decision. Also, a veteran may raise new arguments that were not previously raised at the RO level. Note that a veteran is not required to demonstrate that the RO’s decision was wrong. What if the RO decided some issues in the veterans favor, but other issues against the veteran? In this situation, if the RO’s decision is appealed to the BVA, any favorable finding can be re-decided by the BVA. This is because the BVA has the full right to re-decide on its own whether it agrees with ANY finding made at the RO level, even findings that were favorable to the veteran.

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