ptsd Need Advice On Ro, Boo-boo

[kkp]

I was reviewing my file on my rt. knee, and discovered the ro did not send me a statement of case when I filed My nod.

Is this important; I have noticed that Berta always asks the claimant if they recieved a soc. As a matter of fact I think she ased me that question and I just assumed I did. I did get one on my ptsd appeal in 2005. Here is the sequence of all correspondence with the RO on my knee.

1. 05/9/05 filed claim

2. 10/30/05 what we still need from you letter from ro.

3. 7/6/06 appointment for c& p

4. 7/11/06c&p exam.

5. 8/14/06 Rt knee condition is denied.

6. 9/5/06 filed nod. I called in several weeks and the RO denied getting it. I went to my rep and he called and confirned they didn't have it, So he faxed it to them and we called again in a week and was told it was in the computer.

I THINK THEY WERE DELIBERTLY TRING TO LET THE 60 DAYS EXPIRE.

7. 3/8/06 sent in imo from DR.Bash and others.

Thats all fokes. Does it matter that they didn't send me a soc.

One more question Isn't an nod the same as an appeal to be reviewed by the bva.

thanks in advance kkp

[Berta]

KKP- the NOD is the first attack- as I put it- to a negative decision and also the first step in the appeal process.

The SOC containing the Reasons and BAses contains the keys to succeed-

if this can be challenged by medical evidence- and in most cases it can.

Twenty years ago- Pete will remember an attorney we had -along with Alex who was on the Prodigy veterans BBS. He always reminded vets that the veteran must disagree formally with everything they feel is wrong in the decision-in the NOD. Other wise VA will feel the veteran had accepted the denial.

A vet can disagree with parts of a decision but keep the rest.

For example[-I filed a NOD on my DIC award because they claimed an offset (FTCA) that was incorrect.

I thanked them for the award-the DIC was proper but I stated and sent them evidence that the offset part was wrong.( took about 8 years to get that squared away-but they corrected it)

Say a vet with 30 % SC PTSD claims higher PTSD rating and compensable migraine rating.Lets say she gets 50% increase in PTSD but the same SOC denies increase in migraines still at "0" SC.

The vet may well be happy with the 50% PTSD rating but can NOD the specific migraine claim.

On your right knee claim- they just denied it but never sent any SOC containing why they denied it?

That is odd-

"Does it matter that they didn't send me a soc"

YES! They have to tell you why they denied- otherwise how can you combat the denial?

By the way-did you get a VCAA letter and in it did they specifically tell you what they need for both the PTSD and knee claim?

[Ricky]

From looking at your time line I think you are one step ahead of yourself.

8/14/06 Rt knee condition is denied.

9/5/06 filed nod. I called in several weeks and the RO denied getting it. I went to my rep and he called and confirned they didn't have it, So he faxed it to them and we called again in a week and was told it was in the computer.

If you just filed the NOD on 9/5/06 it is very unlikely that they have acted on your NOD at this point. Most NOD's take 12 to 18 months and yours has only been pending 4 Months. Call the 1-800 number and find out the status of your NOD. I think you will find out that it is still pending.

A SOC will not be issued until they deny you NOD.

[Vike17]

kkp,

It all depends on what way you chose to have your appeal handled. If you elected a DRO review, then he/she will review your whole file and either grant the benefit you seek or then issue a SOC. If this is the route you chose, as Ricky said, it could be awhile before the Appeals Team works through this.

If you chose the BVA route in your NOD, then the rating Activity that produced the first denial will issue a SOC. This generally goes rather quickly.

In either case, once you receive the SOC, you have 60 days from the date of that SOC to send in VA Form 9 to "perfect" your appeal, or send in "new' evidence.

How is the VA intentionally trying to let the 60 days pass. You haven't been issue a SOC yet have you????

Vike 17

[kkp]

Berta I did not get ( A ) letter specifically concerning ptsd and knee. After I won a 30% award we appealed to 50%. It was denied and I did get a SOC ON THE PTSD. Strange things happened with my case starting then. With no other correspondence with the ro, I got a letter two months later awarding me 50%. We sent in additional evidence and appealed that decision to 70%.

The only thing I have ever gotten from the ro on the Knee was a denial letter. We nod-ed it.They have never put anything in writing. Like I said we did confirm it was on the conputer

The email I got a few days ago from the ro stated as soon as the new claim I filed 1/27/07 was reviewed, and it was being reviewed now, a decision would be made on the iu claim. No mention of the knee. Perhaps they made a decision on the knee, and my new claim slowed it down. Beats me, but I did not get a stament of case on the knee. ever,

kkp

[Berta]

It Might be a part of the IU issue-

IU awards often make other claims moot issues-

or at least no further appeal is needed often with a TDIU award.

[kkp]

Vike 17 on the original nod on the ptsd we did request a dro review. I had 30%, we appealed to 50%. Don't ask me why ,but befor a decision was rendered on that appeal my rep sent in an appeal to the BVA FOR 70%. Then I got a denial from the dro review for the 50%. Two months later I got a letter awarding the 50%. The appeal for 70% is waiting for all this other stuff to work its self out.

As far s the knee,I don't know which way my rep went on that one. Proably dro but dont't know for sure.

Ricky and vike 17, you are both right on the soc. I looked at my ptsd file and it was after the dro denial that I got the soc, so that point is mute.

Berta You have a good point about the iu claim, as the ro had indicated that befor I filed the last claim, as a matter of fact thats what I was told in this last e-mail. As soon as the last claim is reviewed a decision will be made on the iu.

It may be as clear to you old pros as lookihg through a glass of water, But let me tell you its like looking through a muddy glass of water to me.

I appreciate your responces kkp