What Phase Is A Soc Written Up

[mountain tyme]

Question:

I decided to call the VA today to see what the status of claim/appeal was at...thinking they would tell me the same thing...no decision has been made.

Well today I was taken off guard...I was told by the VA rep. (800 #) that my SO rep. should be calling on my behalf since the Mo. Commission of Veterans has my Power of Attny. this was the first time I was ever told this...that they are the one's who should be doing the leg work...and getting back to me. I told them that the Mo. Comm. of Vet. office that I go to that there is no Service Officer...that they are waiting on a replacement...so she went ahead and told me that the Statement of Case has been done and is at the Review Officer and that a decision will be made and that I will be contacted by mail of the decision. I never even received any letters asking for further information...after my c/p in oct. 05 but I have still been going to my weekly therapy appointments...o well...life in the fast lane.

I told the lady what about the Personal hearing that I requested...she told me again that I needed to contact my SO...

My question is if there is already of SOC done...does that mean I have been denied? I read somewhere that a Statement of Case normally means denial...I don't know what to think...

My husband thinks that maybe they are going to approve it that is why a personal hearing was not schedualed because there would be no need if it was approved...

confused in Mo. any thoughts or experiance on this...

that You in advance

MT

[Vike17]

Mountain,

A Statement of the Case (SOC) is actually a legal document and is produced during an appeal when it is further denied. If you elected to have your appeal heard at the BVA (the traditional process), then the rating activity (the people at VA who initially denied your claim) will send out the SOC. If you elected to have your appeal reviewed by a Decision Review Officer (DRO), then he/she will write a SOC if your appeal is further denied.

Regarding your requested hearing, if you actually requested one in writing and the VA missed it, then they must hold one before they issue the SOC. If they don't, they must hold one with the claimant and afterwards issue a Supplemental Statement of the case (SSOC) or grant the benefots sought. By not holding the requested hearing, the VA has not heard all of the evidence the claimant wants the VA to take a look at. If the VA doesn't hold a hearing requested by the claimant and the claimant further appeals their claim to the BVA, the Board will just remand the case back to the RO so they can hold the hearing and make a new decision (issueing the SSOC or granting the benefits sought).

Hope this helps!

Vike 17

[carlie]

http://www.warms.vba.va.gov/M21_1MR.html

Hope this hepls you,

carlie

From M21-1MR:

http://www.warms.vba.va.gov/admin21/m21_1/...5/ch05_secd.doc

Section D. Statement of the Case (SOC) and Supplemental Statement of the Case (SSOC)

Overview

In this Section This section contains the following topics:

Topic Topic Name See Page

18 Jurisdiction and Cause for Issuing an SOC 5-D-2

19 Preparing an SOC 5-D-6

20 Issuing an SOC 5-D-13

21 Preparing and Issuing an SSOC 5-D-15

18. Jurisdiction and Cause for Issuing an SOC

Introduction The SOC explains the Department of Veterans Affairs (VA) decision on an appellant’s case. This topic contains a definition of SOC and information on

• when to issue an SOC

• who may issue an SOC

• the jurisdiction for issuing an SOC, and

• joint issuance of an SOC.

Change Date June 19, 2006

a. Definition: Statement of the Case (SOC) A statement of the case (SOC) is an explanation of the decision made on the appellant’s case.

An SOC provides the appellant with a complete understanding of the decision so the appellant can prepare an effective substantive appeal with specific allegations of errors of fact or law.

b. When to Issue an SOC Issue an SOC

• if the appeal cannot be satisfied

• after review of the claims folder and all necessary development

• when the notice of disagreement (NOD) has not been withdrawn, or

• when the appropriate response time has passed.

AS VIKE POINTED OUT BELOW :

If an appellant’s request for a hearing is received before the SOC is issued, schedule and conduct the hearing (or informal conference) before sending the SOC to the appellant. This policy applies to both the traditional appellate review process and Decision Review Officer (DRO) review process.

c. Who May Issue an SOC The activity responsible for the decision with which disagreement is expressed issues the SOC to the appellant. The Veterans Service Center Manager (VSCM) designates the individuals who may issue an SOC.

Continued on next page

18. Jurisdiction and Cause for Issuing an SOC, Continued

d. Jurisdiction for Issuing an SOC Use the table below to determine jurisdiction for issuing an SOC when the appealable issue results from a determination done for a special purpose.

When the appeal concerns … Then jurisdiction falls under … Reference

a Veterans Service Center (VSC) rating or authorization determination denying eligibility for Veterans Health Administration (VHA) benefits VHA. See M21-1MR, Part III, Subpart v, 7.A.5 (TBD) or M21-1, Part IV, Chapter 23, Subchapter I

a VHA medical activity determination denying any of the following benefits:

• clothing allowance

• automobile

• adaptive equipment, and/or

• specially adapted housing VHA. See

• M21-1, Part IV, 25.09k

• M21-1MR, Part IX, Subpart i, 2, and

• M21-1MR, Part IX, Subpart i, 3.

Department of Veterans Affairs Medical Center (VAMC) issues VHA ---

Continued on next page

18. Jurisdiction and Cause for Issuing an SOC, Continued

d. Jurisdiction for Issuing an SOC (continued)

When the appeal concerns … Then jurisdiction falls under … Reference

an authorization determination denying basic eligibility for any of the following benefits:

• compensation or pension issues

• clothing allowance

• automobile

• adaptive equipment

• specially adapted housing

• dependency

• apportionment, and/or

• income VSC. See

• M21-1, Part IV, 25.09k

• M21-1MR, Part IX, Subpart i, 2, and

• M21-1MR, Part IX, Subpart i, 3.

the Civilian Health and Medical Program of Veterans Affairs (CHAMPVA) VSC. See M21-1MR, Part IX, Subpart i, 4.

a forfeiture decision Central Office (CO), Compensation and Pension (C&P) Service. See M21-1MR, Part III, Subpart v, 4.B.5.f (TBD) or M21-1, Part IV, 36.14.

potential payment of attorney fees • Attorney Fee Coordinator, or

• VSC. See M21-1MR, Part I, 3.C.18.h.

Continued on next page

18. Jurisdiction and Cause for Issuing an SOC, Continued

d. Jurisdiction for Issuing an SOC (continued)

When the appeal concerns … Then jurisdiction falls under … Reference

a special allowance under 38 U.S.C. 1312(a)

• VSC for appealed Department of Veterans Affairs (VA) determinations, or

• Social Security Administration (SSA) for appealed SSA determinations. See M21-1MR, Part IX, Subpart ii, 1.D.15.

e. Joint Issuance of an SOC In some situations, two jurisdictions may have contributed to the decision being appealed.

Use the table below to determine joint issuance of an SOC when two or more jurisdictions contributed to a decision.

If the decision being appealed is … And the … Then both the …

an unfavorable character of discharge decision • rating activity determined that the veteran was not insane, and

• authorization and rating activities contributed to the decision authorization and rating activities should jointly issue the SOC.

the validity of a debt denial of waiver of the debt is appealed simultaneously authorization activity and the Committee on Waivers and Compromises (COWC) should jointly issue the SOC.

19. Preparing an SOC

Introduction Prepare the SOC prior to sending it to the appellant and his/her representative.

This topic contains information on

• the SOC format

• limiting SOC content

• the guidelines for disclosing evidence in an SOC

• the matters not to be disclosed in an SOC

• disclosing information to the appellant’s representative

• the submission of new and material evidence

• evidence that is not considered new and material, and

• the SOC printing and filing requirements.

Change Date June 19, 2006

a. SOC Format The table below describes the sections of an SOC and the actions required when completing the form.

Section Description Action

Cover Letter to Applicant Indicates the appellant’s name, address, claim number and representative. If there is no representative, enter the word “None.”

Issue Identifies the issue(s) covered by the SOC. If there are multiple issues, state and number each issue.

Evidence Summarizes all evidence relative to the issues being considered.

Example: Medical records, places and circumstances of service, service medical records. Use short sentences, when appropriate, for clarity and accuracy.

Adjudicative Actions Cites only those rating and authorization actions relevant to the issues raised. List entries in chronological order.

Continued on next page

19. Preparing an SOC, Continued

a. SOC Format (continued)

Section Description Action

Pertinent Laws and Regulations Summarize the provisions in the statute(s) or regulation(s) that govern the decision(s) rendered. Quote verbatim only those relevant portions of all regulations and U.S.C. sections that are pertinent to the issues.

Decision States the decision. If there are multiple issues, number each to correspond to the number shown in the issue section of the SOC.

Reasons for Decision • Includes the reasons for the decision

• explains how the evidence supports the underlying decision

• states the analysis of the evidence of record under the applicable legal principles governing the decision, and

• indicates why most of the evidence is against the claim. • Discuss the laws and regulations cited and explain how they relate to the adverse decision

• address all the appellant’s contentions

• attempt to clarify and reduce the reasoning to simple terms so the reader will understand the precise basis for the decision, and

• number the Reasons for Decision to correspond with the issues and decisions.

Continued on next page

19. Preparing an SOC, Continued

a. SOC Format (continued)

Section Description Action

Signature and Review The person who prepared the original SOC must sign it.

Note: At the discretion of the VSCM, a second person may review and approve the SOC. Review and sign the SOC. This applies to any SOC, whether prepared by a

• RVSR

• VSR, or

• DRO.

b. Limiting SOC Content Limit an SOC to content relevant to the issue(s) with which the appellant expressly disagrees.

c. Guidelines for Disclosing Evidence in an SOC Due process requires that an SOC cite the evidence pertinent to the issues raised by the disagreement; however, an SOC cannot disclose matters contrary to 38 U.S.C. 5701 or to the public interest per 38 U.S.C. 7105(d)(2).

Reference: For more information on matters not to be disclosed in an SOC, see M21-1MR, Part I, 5.D.19.d.

d. Matters Not to Be Disclosed in an SOC Do not include matters in an SOC of a sensitive nature that would be injurious to the physical or mental health of the appellant, including

• matters considered by responsible medical authority to be injurious to the appellant’s health

• references to

 a prognosis of “poor” or “terminal,” or

 conditions of misconduct, unless the specific misconduct is relevant to the issue, or

• discussions of evidence in a way that might provoke feelings of hostility, resentment, or rejection on the part of the appellant or his/her family.

Continued on next page

19. Preparing an SOC, Continued

e. Disclosing Information to the Appellant’s Representative All matters can be disclosed to the appellant’s designated representative unless disclosure to the representative would be as harmful as if made to the appellant. Therefore, in some cases, two different versions of the SOC may be prepared when it is permissible to furnish full information to the representative.

Use the table below when disclosing information to the appellant’s representative.

If the appellant … And the … Then …

has a representative matters omitted from the appellant’s SOC may be released to his/her representative • prepare a separate SOC for the appellant and omit matters not to be disclosed

• furnish copies of the edited SOC to both the representative and the appellant, and

• annotate the representative’s copy and the original SOC (full statement) to show what portions were deleted from the copy sent to the appellant.

Note: Annotate the statements to the effect that the material omitted from the appellant’s SOC is not to be revealed to him/her.

Continued on next page

19. Preparing an SOC, Continued

e. Disclosing Information to the Appellant’s Representative (continued)

If the appellant … And the … Then …

has a representative matters omitted from the appellant’s SOC may not be released to his/her representative, because the information might provoke feelings of hostility, resentment, or rejection on the part of the representative • prepare a modified statement omitting these matters

• furnish copies of the edited SOC to the appellant and his/her representative, and

• annotate the original SOC to show that matters not to be disclosed to the appellant or his/her representative were omitted from their copies.

does not have a representative SOC contains matters not to be disclosed to the appellant • eliminate those specific references from the SOC that will be furnished to the appellant, and

• annotate the original SOC (full statement) to show what portions were deleted from the copy sent to the appellant.

Continued on next page

19. Preparing an SOC, Continued

f. Submission of New and Material Evidence If the evidence is considered both new and material, then the claim is successfully reopened and must be adjudicated on its merits.

However, if the evidence on the reopened claim does not change the prior decision based on that evidence, the issue in any SOC resulting from that decision is the continued denial of the benefit claimed. The evidence, pertinent laws, and regulations cited in the SOC must support the decision.

In this situation, the SOC includes the

• date of the original denial

• date of notification of that denial

• date that denial became final

• regulations covering new and material evidence and finality of decisions

• summary of the evidence pertinent to the merits and adjudication

• decision on the merits, and

• reasons for the decision.

This obviates the necessity of a remand if the Board of Veterans’ Appeals (BVA) determines the evidence was not new and material and bases its appellate decision on that determination.

Reference: For more information on the submission of new and material evidence, see

• 38 CFR 3.156, and

• 38 CFR 3.104.

Continued on next page

19. Preparing an SOC, Continued

g. Evidence Not New and Material If an appellant disagrees with the decision that the evidence submitted to reopen a claim is not new and material, the rating should explain why the evidence considered does not meet the new and material standard as defined in 38 CFR 3.156(a).

In this situation

• limit the SOC, based on that decision, to the issue of whether or not new and material evidence was submitted

• cite in the “Adjudicative Actions” section the

 date of the original denial

 date of notification of that denial

 identification and date of receipt of the evidence submitted to reopen the claim

 date of the finding that the evidence was not considered to be new and material, and

 date of notification of that decision, and

• cite the regulations

 covering new and material evidence, and

 pertaining to finality of decisions.

References: For more information on

• new and material evidence, see 38 CFR 3.156

• finality of decisions, see 38 CFR 3.104, and

• rating new and material evidence, see M21-1MR, Part III, Subpart iv, 2.B.5.

h. SOC Printing and Filing Requirements When preparing an SOC

• use plain bond paper to

 print an original, and

 make any copies, as necessary, and

• maintain the original as a file copy.

Note: The SOC may be printed on both sides of the paper, provided that the reverse side is printed head to foot.

20. Issuing an SOC

Introduction After an SOC has been prepared, issue it to the appellant and his/her representative. This topic contains information on

• issuing an SOC

• the transmittal letter requirements, and

• issuing an SOC to appellants in the Philippines.

Change Date August 19, 2005

a. Issuing an SOC Use the table below to issue an SOC to the appellant, his/her representative, or fiduciary at the last address of record.

If you are issuing an SOC to the … Then …

appellant or his/her fiduciary • issue

 the appropriate transmittal letter

 an unsigned copy of the SOC, and

 VA Form 9, Appeal to Board of Veterans’ Appeals, and

• update the Veterans Appeals Control and Locator System (VACOLS).

appellant’s representative

Example: An agent, attorney, or accredited representative. • issue a copy of the SOC, which may or may not be identical to the one sent to the appellant, and

• update VACOLS.

References: For more information on

• preparing the SOC transmittal letter, see M21-1MR, Part I, 5.D.20.b

• VA Form 9, see M21-1MR, Part I, 5.E.22, and

• VACOLS, see the VACOLS User's Guide.

Continued on next page

20. Issuing an SOC, Continued

b. Transmittal Letter Requirements The transmittal letter must contain

• a notice of the right to file a substantive appeal

• the time within which the appeal must be filed

• information regarding the right to a hearing and the right to representation, and

• advise that, if the appellant still desires appellate review by BVA after reading the SOC, he/she should state on VA Form 9 which specific fact or law cited he/she believes to be in error and for what issue.

Reference: For more information on substantive appeal time limits, see M21-1MR, Part I, 5.E.22.c.

c. Issuing an SOC to Appellants in the Philippines When issuing an SOC to an appellant residing in the Philippines, attach the following statement to the letter of transmittal:

“HEARING ON APPEAL

A hearing on appeal should not be requested unless the appellant actually intends to make a personal appearance before a hearing agency at Manila. Any expense involved in connection with a hearing, including expenditures for transportation to and from Manila, lodging, food, etc., may not be borne by the Government. Hearings are not required. All the evidence of record, including any statements or affidavits submitted by the appellant or in his/her behalf, receives the same thorough consideration whether or not a hearing is held.”

21. Preparing and Issuing an SSOC

Introduction An SSOC provides the appellant with information on changes made to the SOC. This topic contains a definition of SSOC and information on

• when to issue an SSOC

• when not to issue an SSOC

• how to prepare an SSOC

• the additions to an SSOC if a substantive appeal is not filed

• the items not included in an SSOC

• using an SSOC to replace a decisional document, and

• when not to use an SSOC to replace a decisional document.

Change Date August 19, 2005

a. Definition: Supplemental Statement of the Case (SSOC) A supplemental statement of the case (SSOC) presents the appellant with changes or additions to the SOC. These changes and additions are usually based on additional evidence received after the issuance of the SOC, before or after receipt of a substantive appeal, or after a remand.

Note: If an appellant has not yet filed a substantive appeal, he/she still needs to respond to an SSOC by filing a substantive appeal, usually on VA Form 9, in order to perfect the appeal.

b. When to Issue an SSOC Issue an SSOC to the appellant and his/her representative when

• the SOC or SSOC was prepared before receipt of additional evidence unless the evidence is duplicate or unrelated to the issue under appeal

• the new evidence does not result in a total grant of the issue under appeal

• the appellant appeared for a personal hearing

• an amended decision has been made, or

• a material error is discovered in the SOC.

Note: This also applies if BVA remands the appeal based on instructions from the Court of Appeals for Veterans Claims (CAVC).

Reference: For more information on CAVC remanded appeals, see M21-1MR, Part I, 5.I.45.

Continued on next page

21. Preparing and Issuing an SSOC, Continued

c. When Not to Issue an SSOC Do not issue an SSOC if

• the evidence

 duplicates evidence already of record, or

 is not relevant to the issue(s) on appeal, or

• a new issue is introduced into the appellate process.

Notes:

• Non-duplicative evidence not accepted as part of the appeal will be treated as a reopened claim.

• If new issues are introduced to the appellate process, use an SOC and include VA Form 9.

d. How to Prepare an SSOC Prepare an SSOC in the same format as an SOC and use the appropriate transmittal letter.

Limit the SSOC to those changes or additions to the SOC needed to give complete information to the appellant. For those issues that have undergone a change, repeat in full the

• issue

• decision, and

• reasons and bases.

Reference: For more information on preparing an SOC, see M21-1MR, Part I, 5.D.19.

Continued on next page

21. Preparing and Issuing an SSOC, Continued

e. Additions to an SSOC if a Substantive Appeal is Not Filed If the appellant has not filed a substantive appeal at the time the SSOC is released

• provide another VA Form 9 with the appropriate transmittal letter

• include information about the time limit for submitting a substantive appeal, and

• refer the case for updating in VACOLS.

Note: If an SSOC is sent before the receipt of the substantive appeal, then the claimant has until the later of either 60 days from the mailing of the SSOC, or the remainder of the one year period from the date of the original notification to perfect the appeal with a VA Form 9 or substantive appeal.

References: For more information on

• VA Form 9, see M21-1MR, Part I, 5.E.22, and

• VACOLS, see the VACOLS User's Guide.

f. Items Not Included in an SSOC Do not

• repeat evidence cited in the SOC

• include the “Pertinent Laws and Regulations” section unless an additional statute or regulation is relied upon, or

• use the phrase as previously stated in any of the sections.

g. Using an SSOC to Replace a Decisional Document In some cases, an SSOC constitutes a decisional document when the rating activity or the DRO confirms a decision at issue in the appellate process.

In this situation

• a separate confirmed rating or DRO decision will not be required, and

• the SSOC will be subject to the same review procedures by local service organizations as other rating decision documents.

Reference: For more information on review by local service organizations, see M21-1MR, Part I, 3.B.12.

Continued on next page

21. Preparing and Issuing an SSOC, Continued

h. When Not to Use an SSOC to Replace a Decisional Document If a decision is considered a partial grant of an issue under appeal, a signed rating codesheet will be prepared separately on blue paper and included with the SSOC for the entry of amended award data.

If a decision is considered a full grant of an issue under appeal, a rating will be prepared with a codesheet, and the SSOC will address only the issues still continued on appeal.

Any issue outside the ongoing appellate process will be addressed separately in a rating decision and does not go into the SOC.

Edited January 4, 2007 by carlie

[Pete53]

I regard a Statement of the Case as a roadmap to win your claim. The VA tells you what is wrong with your claim and why they denied it. Than you can fix it.

[mountain tyme]

Vickey17 wrote:

Regarding your requested hearing, if you actually requested one in writing and the VA missed it, then they must hold one before they issue the SOC

Yes, I actually requested one in writing I have a copy of the request that the SO sent with my NOD for my denial...it was sent the middle of Oct 05 a week later the VA called my SO and asked if I would consent to a C/P which I did and a few days later I went to the C/P.

There are a few things I have learned since...appearanly there is a form that is sent when the claim involves sexual/personal assaults...I never received one nor did I fill one out...also I didn't know I had to send a stressor letter at the beginning of my claim...when I called up the VA 800# I was put in touch with the VA Womens Cordinator and I was upset at the time that I was talking to her and she asked me if I could write her a letter telling her what happened and she would get back to me to what I needed to do...it was a letter addressed to her personnally I did not put it down as a stressor letter just a letter to her per our conversation in the letter I told her that there is alot more that happened it is just all I can deal with at this time...I talked to her a week later I believe and she told me I needed to put in a claim so I did...

After reading Hadit..I realize I made quite a few mistakes...I should have had help...

I think the denial will be based on the fact that I never sought Medical help back then or after I was discharged...it was not something I would have done...I talked to my Parish Priest but he in now with God so I can't prove I did...and I am the type of person if I can not prove what happen with supporting evidence I will not state it...so everything I sent to the VA had supporting evidence by other peolpe such as statements from the EEOC on Base (social actions), artical 15 given to the NCOIC for his lewd conduct towards me...and a letter of councleing he received as well..also a letter from the Commanders office in regards to the Congressional investigation into the matter...and of course letters at the time it happened...

other then that I have no medical proof...so If it is denied it would not surprise me that the reason will be due to lack of medical records...

Also...after I was discharged I received a Honorable discharge with a re-1 code unable to re-enlist...on share priniciple I appealed that code and had it changed so If I so choose to re-enlist I could...which the code was changed...it stated in a letter from the Col. who approved the code change that it "is quite ovbious that herendous Sexual Harrasement took place and due to my age I did not know how to handle the situlation so what may have been taken as immaturity was rebellion and the rebellion of authority was limited only to TSTG.xxxxxx who was the harrasser and the NCOIC......"

So it is not as if I did not report the situlation after I was discharged..

So that is where I stand...

[font=Book Antiqua]

New question....

Now that I know I most likley will have a fight on my hands...

WHEN IS A GOOD TIME TO REQUEST MY C-FILE...since I have never seen it nor any of my service medical records...also how long will it take to receive my C-File???

Thanks

MT

[Vike17]

Mountain,

"I think the denial will be based on the fact that I never sought Medical help back then or after I was discharged"

Are you sayig you don't have an actual diagnosis of PTSD as the result of your sexual assult while in the military? Or do you mean that you do have an actual PTSD diagnosis, but just weren't seen shortly after discharge for the problem. If you don't have a current diagnosis of PTSD and a shrink making the connection of your PTSD to your assault while in the service, VA must deny the claim according to the law. On the other hand, if you do have a current PTSD diagnosis with the shrink making the connection, but just didn't seek help right after you ETSed, then this would be irelavent. PTSD can take years to manifest itself and this is well known with VA. For PTSD claims, one does not need to show 'continuity' of treatment of that condition since discharge, just a current diagosis with the shrink making the connection of it to an in service stressor.

Furthermore, it sounds like your SO screwed things up! He should have known that for PTSD claims, the claimant must submit a 'stressor letter' so VA can verify it through the individual service department. Also, it looks like the VA dropped the ball by not affording you your hearing. This can be fixed though by writing a short letter to the RO pointing this out.

From the information you posted, it does look like you submitted evidence of the inservice stressor i.e. the "artical 15 given to the NCOIC for his lewd conduct towards me...and a letter of councleing he received as well..also a letter from the Commanders office in regards to the Congressional investigation into the matter," so that doesn't look like the problem. I'm willing to bet your denial has something to do with the actual medical evidence. Does all of this make sense, if not, I'll try to explain it a bit better.

Vike 17

Edited January 5, 2007 by Vike17

[mountain tyme]

Mountain,

"I think the denial will be based on the fact that I never sought Medical help back then or after I was discharged"

Are you sayig you don't have an actual diagnosis of PTSD as the result of your sexual assult while in the military? Or do you mean that you do have an actual PTSD diagnosis, but just weren't seen shortly after discharge for the problem. If you don't have a current diagnosis of PTSD and a shrink making the connection of your PTSD to your assault while in the service, VA must deny the claim according to the law. On the other hand, if you do have a current PTSD diagnosis with the shrink making the connection, but just didn't seek help right after you ETSed, then this would be irelavent. PTSD can take years to manifest itself and this is well known with VA. For PTSD claims, one does not need to show 'continuity' of treatment of that condition since discharge, just a current diagosis with the shrink making the connection of it to an in service stressor.

Vickey...~*Yes I do have a Current Diagnosis of PTSD, I was evaluated by a Board Certified Phycologist that linked my current condition to the stressor that occured during Military Service. That Evaluation was done in June 06 also my therapist I work with also concurred with this diagnois.

In Sept. 06 the VA requested that a C/P for PTSD through the VA Medical Center...I went to that C/P and the doctor that did the exam told My husband and I that he believed the events took place based on the evidence I had and his examination which was over 3 hrs. long...I don't remember to much of the exam or even what was being said at the end...I was emotionaly drained...but the VA doctor did let my husband sit in on the whole exam.*~

Furthermore, it sounds like your SO screwed things up! He should have known that for PTSD claims, the claimant must submit a 'stressor letter' so VA can verify it through the individual service department. Also, it looks like the VA dropped the ball by not affording you your hearing. This can be fixed though by writing a short letter to the RO pointing this out.

~*Response: The problem with the SO was I never seen the same one more then perhaps 2 times...the office in town where I live the SO don't stay long...they find other jobs or just quit so the office stays empty for weeks or a few months until someone can be assigned to this area so every time I would go in there would be another person...I know that these SO are overworked and most likely overwhelmed by the sheer number of vets in need...I was told by the last SO (John) that the only thing he can do for me is to send in letters or NOD that he does not have time to work on a claim other then submitting papers...he also made it quite clear not only to me but the other veterans that he is afforded a lunch break and he will take one also at 2:oo the office door closes because that is the end of his work day...I was shocked but I also understood....he said he use to eat lunch and see people at the same time but a few years back he said he had to learn just to shut the door. So I knew that I was on my own...from that day on.

From the information you posted, it does look like you submitted evidence of the inservice stressor i.e. the "artical 15 given to the NCOIC for his lewd conduct towards me...and a letter of councleing he received as well..also a letter from the Commanders office in regards to the Congressional investigation into the matter," so that doesn't look like the problem. I'm willing to bet your denial has something to do with the actual medical evidence. Does all of this make sense, if not, I'll try to explain it a bit better.

~*Response: I am not sure what to think at this point...after I talked to the 800 Va guy...I called my Mom in NY she in turn called the VFW that she belongs to (she was in the Navy during the 40's) and talked to a dear friend of hers...he said "You can't believe a thing that those jackabillies say they don't know a thing only that they get paid every two weeks to keep the Vet confused and on Edge!!" So my Husband and I drove 60 miles to the MO. Comm. of Vet. center at the next town...of course my file was still in the empty office where I live...so the SO there said he would go ahead and Email someone he knew in St. Louis to find out what he could on my claim and call me...so in the mean while I decieded to call again the 800# this time I talked to a guy in Michagan he told me that there has not been any decision..I told him what I was told earlier about a SOC has been written up...he said that on his screen that did not show...so he gave me a five digit number for the VA service rep in St. Louis...I talked to a girl named Michelle she told me she was in St. Louis I asked her what my status was she told me that no decision was made and the last entry was that they received my C/P ...I then told her what I was told earlier by the 800# rep. about that a SOC was submitted to the R/O she told me that no decision has been made or entered and that she looked and there was not mention of of SOC that was done on my claim...so I guess I will reframe from calling that 800# and sit and wait...Michelle said it can take up to 18 months to even hear from them much less for a decision to be made they are swamped with claims...so that is where I am now...I will update if I hear from the SO guy in the next town..

Thank You for all your help....

MT

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