Questions for Elders ...one at a time... 3rd - Requesting Expedited Review

[J McB]

Ok, brace yourselves.

The VARO who decided my NOD wrote in response to my Senator's WTF inquiry asking why they didn't consider any of the evidence I submitted in support of my NOD that they did not consider any of the evidence... In fact, they claimed in response to his letter, which had attached to it the confirmation emails from the VA to his office of each and every document his office sent to the VA, but I kid you not, they claimed, in writing, the documents weren't received until after the NOD was decided... In his are you really that *&%g stupid follow-up letter, they then said they would process SSOC which I adamantly said *&^% no to, and filed SOC appeal.

These are the same people who claimed, in writing, that the reason they didn't process my secondary/residuals claims is because "symptoms are residuals" - so you know, had to break down the difference/definitions of symptoms and residuals in SOC appeal.  No, really not joking. 

Question, in light of the VARO acknowledging, in writing, that they did not consider any of the evidence I submitted in support of my NOD, do you think of I can use that under 38 U.S.C. § 7107(1)(C) for other sufficient cause shown for violation of due process to request my appeal be expedited?

[GeekySquid]

yeah they are a special bunch of lint lickers.

You can try for an expedited hearing. I don't know of any harm from trying. it's not like they move you back on the docket just for asking to be advanced.

[broncovet]

Good luck with that.  Chris Attig explains 38 U.S.C. § 7107(1)(C) for other sufficient cause shown  here:

https://www.veteranslawblog.org/how-to-advance-your-va-appeal-on-the-board-of-veterans-appeals-docket/