Question in Board Remand under Legacy

[lotzaspotz]

If the Board remands an appeal because an SOC was never issued under a Legacy claim, can a Veteran waive the SOC if the Veteran chooses to do so?

 

[broncovet]

In my opinion, there are "2" major differences between AMA and Legacy:

1.  NO SOC OR SSOC IS requried with AMA.

2.  The VARO does "not" have to certify the appeals to the Board. 

     Because of the above, AMA is faster..it often takes up to a year or more for EACH of the above.  

    So, if you dont need the SOC/SSOC (want to waive it), the logical thing would be to move it to AMA.  

Its unclear if you can "have your cake and eat it too" by waiving the SOC and keeping it in legacy, and, its unclear why you would want to do that.  

      Sometimes, the Veterans lawyer can "win a remand" at the CAVC because VA did not do the required SOC.  A remand could be very beneficial "especially if you had new evidence".  Here is why:

     Lets say you got a remand at CAVC because VARO failed to file a SOC.  This allows you to submit new evidence that would be like you submitted it at the beginning of the appeal period, meaning a much earlier effective date.  

     My advice is to consider switching to AMA rather than trying to "waive" the SOC.  

Or, if the remand may help, then force them to the SOC and leave it in legacy.    

 

[blahsaysme2u]

why would you want an SOC? i dont remember being in the legacy lane and getting one- im sure i did probably? i know i never saw any in my C-file though. but what is reason a Veteran would want it? how does it help?

[broncovet]

blahsaysme2u:  

     Sometimes you "want" an SOC for the simple reason VA did not give you one, and you can leverage that to your advantage, because VA violated the rules and did not provide the required SOC for you.  An attorney can sometimes finagel "an SOC loophole", and require them to comply, get a remand, then be able to submit new evidence, such as a nexus, to win.  

      Its mostly about effective dates.  You see, if you submit evidence TODAY on a claim denied in 2004, your effective date would be today, not in 2004.  Exception:  If this is NEW service records, then the effective date goes back to 2004.  

      But, if you get a remand, the judge allows, upon remand, you to submit new evidence and THAT new evidence goes back to the beginnig of the appeal period.  See the "pending claim" theory.  

[blahsaysme2u]

so question remains....should SOC be in my c-file? wonder if thats something i can work as loop hole as well if my other "plans" dont pan out hahaha

[Mr cue]

If it's in the old appeal system yes there should be a soc or ssoc on the issue in the record

My case was remand by cavc because I never got the soc on a issue

The bva remand it back to ro to issue the soc

So if the ro never did the soc it away to get the case remand by court to start over and give new evidence.