Getting An Soc Without Filing The Nod

[c398x2]

I have received from the RO, the results to additional claims. I’m sure all readers can guess what the ‘decision’ said. There’s an obvious glaring inconsistency as to what is on record and what the RO claims.

QUESTION: I want to request the SOC but not file the NOD. Can I do that?

My reasoning is that I want to know what they used as ‘evidence’ in making their decision but DO NOT want the 60-day clock requirement to start ticking with the filing of the NOD.

TX in advance.

[Vike17]

c398x2,

"QUESTION: I want to request the SOC but not file the NOD. Can I do that?"

No, the first step in the appeals process is writing and submitting a NOD explaining your reason why you disagree with their decision. If you simply want the SOC, then ask that your appeal be handled the "Traditional" way and the RO will send you the SOC. Your 60 day clock starts ticking when you receive the SOC, not after sending in the NOD.

Vike 17

[john999]

Hey, the St. Pete RO sends you the SOC along with your rating decision. This is good since then I can write a specific NOD. This is just from sheer laziness on the VARO's part. St. Pete is a madhouse and they are so backed up they do everything is a half-ass way. This is a place where if you persist they will just grant benefits to get rid of you I think. It is easier than facing you again and again at hearings. There is a lot of horse trading between the VA and the VSO's. Done with a nod and a wink, of course. When I started keeping things local at the VARO is when I started winning claims. I had 4 DRO Review/Hearings in four years.

[c398x2]

c398x2,

"QUESTION: I want to request the SOC but not file the NOD. Can I do that?"

No, the first step in the appeals process is writing and submitting a NOD explaining your reason why you disagree with their decision. If you simply want the SOC, then ask that your appeal be handled the "Traditional" way and the RO will send you the SOC. Your 60 day clock starts ticking when you receive the SOC, not after sending in the NOD.

[Ricky]

c398x2 - please do not get the dates confused for in the game of the VA that will mean sudden death to you and your claim. You have one year (1) from the date you receive the original rating decision to file a Notice of Disagreement (NOD). When you do decided to file the NOD you can do one of two things: One is ask that your file and/or any new evidence and arguments be reviewed by a Decision Review Officer (DRO). The DRO is a senior person on the Appeals Management Team at your local Regional Office. If you choose this route your file will remain at the local office and NO SOC will be issued until this review is conducted and only then if the DRO continues a denial of your claim or only allows a partial grant of your claim. Once they have issued a SOC, based upon their review, they will issue the SOC. This process can take anywhere from 8 months to 18 months. The other option is that when you file your NOD is to tell them that you want your appeal (as Vike stated the NOD is the first step in the appeals process) handled the traditional way. By doing this you are telling them that you do not desire the local office to offer any further review or development and to prepare your claim to be sent to the Board of Veterans Appeals (BVA). Once this is done they will issue a SOC without any further review or development at the local office. ONCE THE SOC HAS BEEN ISSUED YOU HAVE ONLY 60 DAYS TO PREPARE AND SUBMIT THE VA 9 (not one year BUT ONLY 60 DAYS). I hate to beat a dead horse to death but these dates are very important to the veteran. The forms and information you receive from the VA are very confusing as they speak of the one year and 60 day time limit all together. So to sum it up:

-Once the original decision is received you have ONE YEAR to start your appeal (submission of the NOD)

-Once a SOC has been issued and received by you you have 60 DAYS from the date on the SOC to perfect your appeal (prepare and submit the VA 9 back to the VA).

Failure to comply with either one of the above time frames will result in the loss of the effective date of your original claim and not being able to continue with the claim except by reopening the claim with new and material evidence (this will give you a new effective date of claim). The only recourse is to file and prove a CUE which is one hard tree to climb.

Hope this helps. Although it is the same as Vike provided when I read you last post it appeared that you had the time frames confused. If not then I stand corrected and will move back to my little area of the world and be quite until something else that I think I know comes along hahahahaha.

[Vike17]

c398x2,

Rocky summed it up as best as anyone could. You only have 60 days from the date of the SOC to "perfect" your appeal i.e. sending in VA Form 9. Don't miss that deadline!!!!

To add what Rocky said, you stated;

"Another lesserpoint is that in the past, several SOC's had Diagnostic Codes that 'disappeared' with each (2) subsequent SOC's. The DC's were rated as '0' but for reference sake, I feel that they shouldn't have 'disappeared' without explanation"

It appears that the "subsequent SOC's" you were issued were in response to "new" evidence you had sent VA after being issued a SOC. Those "subsequent SOC's" are called Supplemental Statement of the Cases (SSOC) and will only reference the new evidence that were submitted for consideration. The actual referencing of the Diagnostic Codes (DC)probably had nothing to with the actual decision unless the RVSR or DRO applied the wrong one.

Vike 17

[Berta]

NVLSP suggests that the I-9 contain this statement:

I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter might could make in deciding this appeal. This includes all legal errors, all factual errors, failure to follow M21-1,all due process errors and any failures to discharge the duty to assist as violation of basic VA laws and regulations within 38 USCS and 38 CFR.

I had to cut and paste it into the I-9 to fit into the part about the hearing on page one of the form.

Also I told Ron Abrams that I advise this here and did this myself- to get the strongest statement regarding your evidence right on page one of the I-9-

you can add additional pages but many appeals -right on the initial page- could alter the outcome-if the VAROs took the time to read them.The first page has .limited space so try to state your argument concisely and state the evidence they failed to consider properly.

I clearly stated on page one that my IMos were ignored and that they supported my claim fully-as to service connection of Rod's death and that the VA had also violated my DTA rights under the VCAA. The RO ignored this but the BVA read it 6 months later when the claim went to the BVA and I requested immediate remand and also had sent an additional 3rd IMO.

What gets me is that I had time to file my I-9 and the VA sent me a letter saying they were using a Response to an SSOC from me as the formal appeal-

I wonder if their use of the response is what buggered my claim-

although I then sent them a formal I-9 right away and stated the Response I made was to point out their deficiencies in the SSOC and was not a formal appeal-

maybe this is what messed up the whole thing-which is not messed up now-back with rater---- not yet messed up again-----

In 1996 or 1997 my appeal was docketed at the BVA but the VARO continued to accept my evidence and they read some of it in those days-and I won both claims at the VARO level.

I had personal decisions turn on their receipt of the NOD from me and they quickly resolved other matters to my benefit.

I know more now a decade later and yet it seems this VARO forgot basic VA case law.

It astonishes me, back in the claims system now for 4 years to see how bad it has gotten for many claimants.