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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Wayne TX

Question about SOC

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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and WON THATS WHAT YOU FORGOT. But its not about me you r sending this vet 

for another 4-5 years at the RO when he should summit his new evidence

to BVA AND NOT the RO who has denied 2 times already

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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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What ever u say  I DONT UNDERSTAND you reply. Still don't sound 

right to me. GOOD LUCK

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Wayne Tx

I stand corrected  sorry.

this might help you understand some what better.

Just examples:

Say

If you were appealing service connection for tinnitus (ringing in the ears) and the RO granted this on appeal at 10 percent, the RO appeals team will ONLY issue a rating decision since 10 percent is the highest rating you can receive for tinnitus. This means the appeal has been granted in full. You will not receive an SOC.

If you were appealing VA’s 10-percent rating for arthritis in your lower back because you believe you should be rated higher, but the RO appeals team disagrees and continues your 10-percent rating, you will receive ONLY an SOC.

If you were appealing VA’s 10-percent rating for arthritis in your lower back because you believe you should be rated higher, and the RO appeals team agrees and increases your rating to 20 percent, you will receive BOTH a new award decision explaining why VA increased your disability rating AND an SOC detailing how VA arrived at its decision, including why you were not entitled to a rating higher than 20 percent.

You have 60 days from the date the SOC is mailed to you to file a VA Form 9, Appeal to the Board of Veterans’ Appeals, if you wish to continue your appeal to the Board.  Any time you submit more evidence after the SOC or before the Form 9, VBA must conduct another review of the case and issue another SOC – this one called a supplemental statement of the case (SSOC) that includes the additional evidence – or a rating decision, if the additional evidence allows VBA to grant the appeal.  This must be done each time you submit new evidence after the SOC. I have seen appeals with four or five SSOCs.  Keep in mind, each time you submit new evidence it triggers a new review. It’s like starting all over again in the appeals process.  Each new SSOC can add up to 400 days to the appeal, so my best advice is, submit all available evidence to support your appeal when you file your NOD. (as this is basically what I was referring to above post I thought you submitted all of your evidence at the time to file your NOD.) But since they will review your claim  its best to have the evidence to prove your claim or help substainsuated it in your favor  and they may take a longer time on a decision but what if you never sent in your favorable evidence and was denied for lack of evidence  you wait we all wait but the wait is well worth it  when you WIN,& frustrating when your denied.

 remember they go back to the date the claim was first filed and you get your $$ back to that date..None of us likes to wait  but it's better to have all your evidence submitted no matter how long it takes to Win your claim or claims  that's my point.

On the Form 9, you can request an optional hearing before a judge at the Board, who will decide your appeal.  A hearing is not required and will delay a final decision, but if you want a hearing, you can choose a video-teleconference hearing, a travel board hearing at your local RO, or an in-person hearing in Washington, D.C.

If you want a hearing, your best bet is to opt for the video-teleconference hearing, since it can be scheduled much quicker than other types of hearings.  This is because you don’t have to travel to Washington, D.C. and you don’t have to wait for a judge to travel to your RO. You still get the benefit of representation and talking to a judge face-to-face – though virtually, like on Skype or on FaceTime.

 

Edited by Buck52

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Thanks Buck.........I am sending in two strong N&M evidence IMO's for Sleep Apnea on NOD appeal and will take my chances prior to a Hearing Date.  I have requested a VideoConference Hearing on Form 9 and still waiting to find out when my turn comes up in Waco RO so either way I will at some point in time get my evidence presented whether this N&M submission succeeds or not. I do agree with your logic......It's still worth a shot even if it may take longer........waiting is already a given and frustrating.  I'm going all in hoping for the best.  

 

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