Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0


This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 


Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 


This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.




On 02/28/18 I received a decision from VA on my elbow issue(denied). On 02/19/19 I filed an NOD but in the meantime, I call 800 and they asked if I received SOC. I said no can you send again? Still did not receive and called back and asked to fax it to me. The SOC was dated 01/07/19. I had about 5 days left of the 90 days to respond.  So, I wrote my statement and filed a V9. Okay so now it is in appeal stage.  All of a sudden on va.gov, the VA added ankylosis and somewhat opens a new claim file. indicating “we received your NOD and a RO is reviewing.” Fast forward, on 02/14/20, I receive a decision from judge remanding my elbow appeal. On 03/03/20 , I receive a decision from the RO indicating that I did not submit my NOD in a timely manner. When I called the person has no idea why I received the decision. My elbow issue has been on appeal since 02/19 . The decision I received said I could file a V9 for appeal. I don’t understand bc my elbow issue was on appeal and was just remanded back.  Does this make any sense? When I do look on va.gov or ebenefits, there is no indication of a decision being sent. It just indicates under review. When I called the girl said it’s showing it’s under review. I just don’t want to miss anything. 

Link to comment
Share on other sites

7 answers to this question

Recommended Posts

  • 0
  • Financial Contributor

Sounds like the Hoodwinked.  So their decision has to go back to the Judge and they will review their decision.  Can you post that decision here from the RO?  As they should have stated dates to confirm you did not meet the time frame?  

Also how did you put in your NOD?  Electronically?  VOS?  Fax?  Any trail at all?

Link to comment
Share on other sites

  • 0

Yes, this does sounds to be typical of VA.  Send an Iris Inquiry and get something in writing about this mess. I don't like phone conversations because I know I will forget and Peggy will say just about anything to get you off the phone. These Iris Inquiries can be very, very slow. Make sure you keep a copy of your BVA remand and include that in your Inquiry by stating the date and Citation Number of your remand.

  • Like 1
Link to comment
Share on other sites

  • 0
  • Moderator

Feb. 19, 2019 is 4 days after RAMP (now called AMA) became mandantory.  So you dont get a SOC.  That was for legacy appeals.  More here:


Everything was "fubar" in the transition period.  You said a SOC was issued in January, that's probably because they tried to get them all out before Feb. 15.  

My opinion:  This is gonna make it rough for you.  My suggestion:  

"Probably" apply again, then fight the effective date if they dont grant it the date you first applied.  OR, in the alternative, get an attorney.  

You are gonna face difficuly overcoming finality.  Exception:  "IF" you have new and relevant "service records" under 38 CFR 3.156 C, you should be able to reopen this.  

Edited by broncovet
Link to comment
Share on other sites

  • 0

But doesn’t the RO have to address the judges remand?the SOC was dated January 7, 2019. I never received it until the end of March. That is why I filed the 9 to appeal.  Timely filed the NOD. But, when I received the SOC , I just figured appeal. 

Link to comment
Share on other sites

  • 0
  • Moderator

Yes.  The VA must comply with the BVA remand order.  In the event that VA fails to comply with the BVA remand order, then there are things you can do.  

But, before I go there, did the VARO decision "address" the remand?  ON at least one occassion, the VA supposedly complied with the remand order, but did not.  

Mine was a remand for 4.16b (extra schedular tdiu) consideration.  It took me a while, but I finally was able to force the VA to comply with the remand order.  

My BVA decision was very long, and basically the VARO did not read it and did not fully comply.  However, I pressured them into compliance, had I not done that, the VARO happily would be in non complaince with the remand order.  

The VA gets away with lots of stuff simply because they can.  Veterans often dont know, or dont care to hold them in compliance.  

Its your claim, and your money, and, you will be the one who needs to hold them to complaince.  If they can get away with non compliance, they will.  

If the VA is pulling this cra@@@, then call the white house hotline, and ask them why VARO has not complied with the remand order, and has not adjuticated the required 4.16b, as required by the Board remand.  I suggest you "cut and paste" the portion of your BVA decision where it says that the VARO will consider the VEteran for tdiu via 4.16b.    You can further allege that VA violated 38 cfr 3.103, which says that Veterans deserve a written decision.  

    The issue as to whether you filed the nod on time or not was addreessed by the Board.  The VARO can not issue an order in conflict with what the BVA has already decided.  

Edited by broncovet
Link to comment
Share on other sites

  • 0
  • Moderator

Yes, the VARO must comply with a BVA remand.  Their failure is serious. 

Here is the order I did it (VA "non complied" with my remand for 3 years):

1.  Send an IRIS inquiring, "What to do when VA fails to comply with BVA remand orders?" and be specific, about the portion that VA ignored.  Document it by saving your copy of the email to your computer or printer.  

2.  Call the white house hotline and ask the same thing.  Again, document your call, who you spoke to, and when.

3.  Call Peggy.  Document the time called, who you spoke to and their response.  

4.  Wait a few weeks for something to happen.  If it gets resolved, there is nothing else you need to do. 

5.  However, if still not resolved, send the VA a 21-4138, along with your documentation above.  Again, be specific, and identify the date of decision and "what portions" the VA failed to implement.  Show the docket number.   On the top of this 21-4138 state:

"Notice of Intent to file a Writ of mandamus to compel the VARO in (city state) to comply with the BVA remand dated mm-dd-yy Docket number xx-12345"

6.  If VA has not complied with the remand after 30 more days, file a writ of mandamus with the CAVC to compel VARO compliance with remand.  

NOTE:  The court makes it clear a Writ of mandamus is not a substitute for an appeal.  To have a chance of your Writ succeeding, then take these steps first.  Show the court you have tried everything else, thus the Writ is necessary.  Chances are excellent the VARO will immediately comply with the remand, rather than face the wrath of superiors who arent real happy a Veteran had to file a writ to get done what the VARO should have already done.  


Edited by broncovet
Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.


  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story.
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   


  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Create New...

Important Information

{terms] and Guidelines