Statement of Case question

[McRay]

I received the SOC denial of my NOD and have a couple of questions. Maybe you guys can figure this out, it's confusing to me. Apologies for the length and any transcription errors as I'm inputing this myself. Here goes...

Quote

... The overall evidentiary shows the the severity of your disability most closely approximates the criteria for a 50 percent disability evaluation.

...This action represents a total grant of the issue sought on appeal: as such this issue is considered to be fully and favorably resolved...

2. Entitlement to an earlier effective date prior to September 23, 2015 for unspecified depressive disorder remains denied. ...(DRO) reviewed the prior material and made a decision in that case to grant service connection for the condition with the noted evaluation.

You were originally denied service connection for a mental condition in the Rating Decision dated March 21, 1978. You were notified for this decision in the letter dated March 24, 1978. You subsequently filed a Notice of Disagreement on April 18, 1978. We then issued a SOC of the case for the issue on May 8, 1978. This appeal was never perfected to be sent for review by the Board. More than one year from the date of the notification of that claim had passed when you filed a new and reopen claim on September 23, 2015. This reopen claim was initially denied and then was subsequently the issue was granted on appeal. The DRO correctly assigned the effective date of the reopen claim as it was continually processed with the appeals process. (3,400) You were notified of the new decision on October 18, 2018.

To date our review shows no evidence that would warrant a material change in your previous decision.

Doesn't this mean that the reopen claim was granted on appeal? Sure sounds like it to me. I'm also sure I filed a new claim in 80, but that doesn't seem to have appeared in my C file. The bold underlined text is exactly how it appears in the SOC

 

Thanks!!

[vetquest]

Yes, the reopened claim was granted on appeal.  If it does not appear on your cfile, it did not happen whether you filed or not.  A DRO is a decision review officer and it looks like your effective date will be sometime in 2015, it should say on your grant. 

[McRay]

29 minutes ago, vetquest said:

Yes, the reopened claim was granted on appeal.  If it does not appear on your cfile, it did not happen whether you filed or not.  A DRO is a decision review officer and it looks like your effective date will be sometime in 2015, it should say on your grant. 

So that would mean they reopened the initial claim I filed in 1978 wouldn't it? I'm trying to get the EED to 1978. 

It looks like I will have to 'find' missing records from Las Vegas VA around 1980 -- although I haven't seen my entire Cfile.

Thanks

[vetquest]

No, it looks like they reopened a claim that was denied from your 2015 claim.  Getting EED back to 1978 would be very difficult since you were denied and never appealed.

1 hour ago, McRay said:

Entitlement to an earlier effective date prior to September 23, 2015 for unspecified depressive disorder remains denied.

This statement means that you will not receive benefits prior to Sept. 23, 2015.  They are saying that you were SC as of the date of that examination.

[Mr cue]

Well to me it sound like some thing wasn't did right for them to go into all that explain. Make sure u continue the appeal to board.

I was 10% for many year put in a claim for increased. Dro gave me a 100% did seem right I appeal to board.

Find out my claim from 1993 was never certified to board. Meaning I stay open it was now 2002.

So like sound ain't right it that desicion