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Appeal Status Change SOC

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AFMedic09

Question

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%

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Doc25, I will keep fighting. Ebenefits changed to Appeal complete with no change in my status (IC and GERD still show "not service connected"). I am guessing I was denied again. I will have to file the form 9 and keep pushing on.

The GERD I have no idea how they can deny, because I have EGD results and medical records of visits for this condition and proof of history of medications, plus been treated from VA since separating from service in 2009.

The IC, I have service records for painful urination and incontinence. I had a cystoscopy in service just prior to my TVT bladder sling (which I am SC'd for), but I do not have those results in my records. It really makes zero sense what the VA chooses to deny and grants. I am 0% for restless leg syndrome, which the VA happened to find in my service records and added to my initial claim in 2009 (it was not one I was petitioning for at the time).

Thank you for your input and encouragement. This process is truly disheartening. I have recently given POA to the local DAV, and will set up a meeting with them once I get the SOC.

 

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Yes, the system is disheartening and frustrating.  The only thing we can do is fight to get to the BVA where they read all of the records and make mostly informed decisions.  Unfortunately if the BVA decides your case was not handled correctly they will remand.  This just ties your case up for many months as the RO gets the remand completed.  The good news is that if your case is remanded and denied you will go back to the front of the line at the BVA after a remand.  The most important parts of my case have been decided at the BVA level.  The RO's just make it take years though.  You will get backpay if you win but this does not get your car or house back if you lost it in the meantime.

 

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