Appeal Status Change SOC

[AFMedic09]

Hello all. I have been appealing a decision I was given on a compensation claim in 2015. Today I checked ebenefits and the message changed:

Table of Claims

Latest Progress	Status	Description	Received
03/02/2016	Appeal Pending - Statement of the Case (SOC)	VA has received your Form 9 and will begin completing final actions regarding your appeal before it is sent to the Board of Veterans’ Appeals.	Date not available

 

This change occurred 11/26/2018. I had a C&P exam for this appeal on November 11th and mailed in all my supporting documentation. The issues are interstitial cystitis (only service records I have were for multiple visits of painful urination, but to my knowledge this disease is relatively new and unstudied..so it's not something anyone in service would have diagnosed 15 years ago) and GERD (diagnosed in service and treated since service with medication). I have been told SOC's are only for denials. So does this mean my claims have been denied again? When I requested the BVA review I don't remember if I asked for teleconference or not...I have done all of my own claims, but I recently requested representation (POA) by DAV.  Any advice about the status change in Ebenefits? My rating has not changed in there, nor have any documents...

My case was transferred from St.Pete -RO to FARGO due to backlog, and that is who ordered my C&P exam. When the examiner from Fargo called, she told me if she was unable to grant my claims she recommended I get with a VSO to represent me moving forward. So, anyone have experience with this stage of the game?

 

I am service connected:

TVT - 20%

Hyst. - 30%

Migraines - 30%

Anemia -0%

Dry eyes - 0%

Allergic rhinitis-0%

Rectocele - 0%

Restless leg syndrome - 0%

[doc25]

2 hours ago, AFMedic09 said:

Hello all. I have been appealing a decision I was given on a compensation claim in 2015. Today I checked ebenefits and the message changed:

Table of Claims

Latest Progress	Status	Description	Received
03/02/2016	Appeal Pending - Statement of the Case (SOC)	VA has received your Form 9 and will begin completing final actions regarding your appeal before it is sent to the Board of Veterans’ Appeals.	Date not available

 

This change occurred 11/26/2018. I had a C&P exam for this appeal on November 11th and mailed in all my supporting documentation. The issues are interstitial cystitis (only service records I have were for multiple visits of painful urination, but to my knowledge this disease is relatively new and unstudied..so it's not something anyone in service would have diagnosed 15 years ago) and GERD (diagnosed in service and treated since service with medication). I have been told SOC's are only for denials. So does this mean my claims have been denied again? When I requested the BVA review I don't remember if I asked for teleconference or not...I have done all of my own claims, but I recently requested representation (POA) by DAV.  Any advice about the status change in Ebenefits? My rating has not changed in there, nor have any documents...

My case was transferred from St.Pete -RO to FARGO due to backlog, and that is who ordered my C&P exam. When the examiner from Fargo called, she told me if she was unable to grant my claims she recommended I get with a VSO to represent me moving forward. So, anyone have experience with this stage of the game?

 

I am service connected:

TVT - 20%

Hyst. - 30%

Migraines - 30%

Anemia -0%

Dry eyes - 0%

Allergic rhinitis-0%

Rectocele - 0%

Restless leg syndrome - 0%

I don't mean to sidetrack you with your question about GERD, or impose, but it's important that you're aware of Obstructive Sleep Apnea as secondary to SC Allergic Rhinitis.

If your Rhinitis worsens or has worsened, it's probably time to begin the paper trail of getting seen for it at your nearest VA or private doctor. If this condition has indeed worsened and you have the medical evidence; put in a claim for an increase.

On the topic of OSA, if you get diagnosed months or years later and are issued a CPAP machine, it can be Secondary-Service connected to your SC Allergic Rhinitis. Sleep Apnea w/CPAP is rated 50%.

Don't believe me? Here's an appealed claim that was granted.

https://www.va.gov/vetapp07/files3/0721554.txt

You have quite a bit of 0% SC disabilities, you can always request an increase if any of those worsen.

 

Depression and Scars can be secondary connected also to TVT, Hyst.

https://www.va.gov/vetapp07/files3/0721554.txt

 

Depression and Insomnia can be secondary connected to Migraines.

I apologize in advance if I came across as imposing. 

[Buck52]

It is very hard to get service connected for this type condition if you don't have medial records showing you had problems in miltary  but some specialist can give their opinion to  secondary condition that may be related or the cause. with it being a new condition and was never mention back 15 years ago   you will need a specialist to help you with that give his opinion that its related to what your symptoms was back then  ect,,,ect,,

a soc ( statement of case) is sent after each denial  rather first time claim or a DRO Hearing  you will still get a SOC, Usually after a DRO or Review of the claim and your denied  you will still get a SOC.   In it the will tell why you were denied and what youer options are for Appeals. after a DRO Denial then its on to the form #9 off to the BVA Judge to decide  if the judge reads your evidence and thinks the R.O. Could make a decison or should be able to make a decison  then  your claim will be remand back to your R.O.

but check out a lot of the BVA court decisions most are denied that never had evidence of medical in this type condition while in the military

if your still denied we need to know the reason and bases for the denial to better help you  or you need to seek a good experience VA Claims Agent or an experience VA Attorney  and a good Dr.

 

Unfortunately if you see a SOC in e befits its more likely another denial....sorry  and I could be wrong we really can't depend on what e benefits say  its unreliable.

Edited November 28, 2018 by Buck52

[Buck52]

I might add this

Once service connected for a condition or Injury rather 0% or any %  on that bases if another condition arises from the S.C. Condition then that condition can be a secondary condition to the S,C, Condition and becomes in part of the original condition   if that makes a lick of sense?

I just wanted to make that clear  but you need a qualified Dr to make that opinion  we as veterans can't do that.  simply because were not Dr's

Edited November 28, 2018 by Buck52

[AFMedic09]

Thank you all. I know this will be difficult to be SC'd for, but I believe I should have (and would have) been diagnosed in service if they knew anything about painful urination or painful bladder syndrome back then. They just treated me with medication and antibiotics back then. The specialist at the VA ( who had been working with Shands from a grant to study IC) told me this has likely been my issue all along. I now have to cath twice daily. I will continue the fight until I can't fight any more.

I called the 800 # today and he told me to disregard the "We have received your form 9", because he said he does not see this in his system. He advised that I continue to call back for status updates and wait on the SOC before turning it over to the DAV.

[doc25]

2 hours ago, AFMedic09 said:

Thank you all. I know this will be difficult to be SC'd for, but I believe I should have (and would have) been diagnosed in service if they knew anything about painful urination or painful bladder syndrome back then. They just treated me with medication and antibiotics back then. The specialist at the VA ( who had been working with Shands from a grant to study IC) told me this has likely been my issue all along. I now have to cath twice daily. I will continue the fight until I can't fight any more.

I called the 800 # today and he told me to disregard the "We have received your form 9", because he said he does not see this in his system. He advised that I continue to call back for status updates and wait on the SOC before turning it over to the DAV.

I'm calling BS on your RO.

In a previous post you mentioned:

The issues are interstitial cystitis (only service records I have were for multiple visits of painful urination, but to my knowledge this disease is relatively new and unstudied..so it's not something anyone in service would have diagnosed 15 years ago)

This was an appeal for the same condition you were diagnosed with. In1992 this veteran was rated 60% then reduced to 40%, she fought it and was increased back to 60% . You fight this thing tooth and nail and don't give up on it.  Read it and see what this veteran did to get the benefits she truly deserved and that you deserve, as well. The pain can be debilitating and can impede your ability for earning capacity.  II hope this gives you some vindication. Best wishes.

https://www.va.gov/vetapp92/files1/9205798.txt

92 Decision Citation: BVA 92-05798

 Y92 
                          BOARD OF VETERANS' APPEALS
                       WASHINGTON, D.C. 20420

    DOCKET NO.  91-38 183       )    DATE
                                )
                                )
                                )

                              THE ISSUE

    Entitlement to a disability rating greater than 40 percent
    for interstitial cystitis.

                           REPRESENTATION

    Appellant represented by:  AMVETS

                   WITNESSES AT HEARINGS ON APPEAL

    The veteran, J. T., and C. B.

                       ATTORNEY FOR THE BOARD

    M. W. Greenstreet, Counsel

                            INTRODUCTION

    The veteran had active military service in March and April
    1975 and from June 1979 to December 1981.

    This matter comes before the Board on appeal from a March
    1990 rating decision from the Cleveland, Ohio, Department of
    Veterans Affairs (VA) regional office (RO), in which the
    disability rating for the veteran's interstitial cystitis
    was reduced from 60 percent to 40 percent.  The RO received
    the veteran's notice of disagreement in March 1990; it
    issued a statement of the case in May 1990, and it received
    the veteran's substantive appeal in May 1990.  The veteran
    offered testimony in support of her claim at a July 1990
    hearing at the RO.  This case was docketed at the Board of
    Veterans' Appeals in July 1991, and the veteran offered
    testimony before a member of the Board in February 1991.

    In June 1991, the appellant raised the additional issues of
    entitlement to service connection for diabetes mellitus, an
    acquired psychiatric disorder, and the residuals of a
    hysterectomy, all as secondary to her interstitial
    cystitis.  At her February 1992 hearing, she stated that the
    only issue which she wished to address as an appellate issue
    was that of entitlement to an increased rating for
    interstitial cystitis.  The issues of entitlement to service
    connection for the residuals of a hysterectomy, diabetes
    mellitus, and an acquired psychiatric disorder are referred
    to the RO for appropriate action.  The issue of entitlement
    to a disability rating greater than 10 percent for the
    veteran's low back disorder is also referred to the RO.

                 CONTENTIONS OF APPELLANT ON APPEAL

    The appellant contends that the issue in this case is her
    entitlement to restoration of a 60 percent disability rating
    for cystitis.  She avers that disorder is manifested by
    constant burning pain, hourly nocturia, daytime urinary
    frequency, and severe pain with intercourse.  She emphasizes
    that she tries to avoid taking medication for cystitis and
    that she does not seek medical help as often as she should.
    She also points out that she wears protective pants due to
    leakage and that she has been fired from a job in the past
    due to her disability.  She asks that the Board rate her
    disability under Diagnostic Code 7513 of the VA's Schedule
    for Rating Disabilities.

                          FINDINGS OF FACT

    1.  All relevant evidence necessary for an equitable
    disposition of the veteran's appeal has been obtained by the
    RO.

    2.  The veteran has interstitial cystitis characterized by
    incontinence, urinary frequency and pain.

                          CONCLUSION OF LAW

    The schedular criteria for a disability rating of 60 percent
    for interstitial cystitis have been met.  38 U.S.C. §§ 1155,
    5107(a) (1989) (formerly §§ 355, 3007(a), renumbered in
    1991); 38 C.F.R. Part 4, Codes 7512, 7513.

           REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

    The Board finds that the veteran's claim is plausible;
    therefore, it is well grounded within the meaning of
    38 U.S.C. § 5107(a).  There are a number of urologic
    examination and treatment reports of record, and we are
    satisfied that all relevant facts have been properly
    developed.

    The record shows that the appellant has twice testified that
    she experiences a number of debilitating symptoms caused by
    interstitial cystitis, such as extensive urinary frequency,
    near constant pain, a degree of incontinence, and severe
    pain on intercourse.  Recent examinations and an August 1990
    cystoscopy have confirmed a diagnosis of interstitial
    cystitis, and the record supports the manifestations
    reported by her.  Based on these facts, we find that she is
    entitled to a 60 percent disability rating under either
    Diagnostic Code 7512 or 7513.

    38 C.F.R. § 3.321(b)(1) provides that in exceptional cases
    where schedular evaluations are inadequate the VA can assign
    an extraschedular evaluation which is commensurate
    with the average earning capacity impairment due to the
    service-connected disability.  This section further provides
    that the governing norm in those exceptional cases is a
    finding that there such an exceptional or unusual disability
    picture, with related factors such as marked interference
    with employment or frequent periods of hospitalization, as
    would make the application of the regular schedular
    standards impractical.  While the appellant has reported
    that she has lost considerable time from work and, in fact,
    lost a job due to interstitial cystitis, she stated at her
    last hearing that she continues to work as an accountant.
    On this basis, we do not find that the rating codes utilized
    in this case are inadequate so as to render the application
    of those codes impractical.  Although we are cognizant of
    the many social and family problems resulting from her
    disability, we would emphasize that the rating schedule is
    based on the average degree of industrial impairment or loss
    of earning capacity resulting from the disability.

                                ORDER

    A 60 percent disability rating for interstitial cystitis is
    granted, subject to the regulations governing the
    disbursement of monetary benefits.

                     BOARD OF VETERANS' APPEALS
                       WASHINGTON, D.C. 20420

       WARREN W. RICE, JR.             ROBERT D. PHILIPP

                   *

    *38 U.S.C. § 7102(a)(2)(A) (1991) permits a Board of
    Veterans' Appeals Section, upon direction of the Chairman of
    the Board, to proceed with the transaction of business
    without awaiting assignment of an additional Member to the
    Section when the Section is composed of fewer than three
    Members due to absence of a Member, vacancy on the Board or
    inability of the Member assigned to the Section to serve on
    the panel.  The Chairman has directed that the Section
    proceed with the transaction of business, including the
    issuance of decisions, without awaiting the assignment of a
    third Member.

    NOTICE OF APPELLATE RIGHTS:  Under 38 U.S.C. § 7266 (1991),
    a decision of the Board of Veterans' Appeals granting less
    than the complete benefit, or benefits, sought on appeal is
    appealable to the United States Court of Veterans Appeals
    within 120 days from the date of mailing of notice of the
    decision, provided that a notice of disagreement concerning
    an issue which was before the Board was filed with the
    agency of original jurisdiction on or after November 18,
    1988.  Veterans' Judicial Review Act, Pub. L. No. 100-687,
    § 402 (1988).  The date which appears on the face of this
    decision constitutes the date of mailing and the copy of
    this decision which you have received is your notice of the
    action taken on your appeal by the Board of Veterans'
    Appeals.

Code 7512: Chronic Cystitis is the swelling of the bladder most often due to infections, but it can be caused by other things as well. If it is caused by a urinary tract infection, then it is rated as described for that condition. All other causes of this condition are rated under this code.

Edited November 30, 2018 by doc25

[GeekySquid]

12 hours ago, AFMedic09 said:

The specialist at the VA ( who had been working with Shands from a grant to study IC

I assume you mean Shands teaching hospital in Gainesville Fla. If so they have world class specialists on staff and if need be they can be leveraged to bolster your claim. Convince your VA specialist to help you make the connections to the Shands specialists in this area and get access to any published research or papers they have done on this subject. Also see if they will help you find papers on any connection to military service that might be out there.