I Think The Va Screwed Up Bad

[betrayed]

I put together a couple of charts using a data base program to help me at my hearing. One has every piece of evidence submitted, date submitted, what the evidence is, who submitted it etc etc etc . The other chart is all the conditions and diseases and dates of actions. Look at this and tell me if something doesnt stick out real bad and is a big booboo I think in procedures.

[betrayed]

EVIDENCE CHARTS

Edited March 2, 2007 by BETRAYED

[betrayed]

I dont know who Vike 17 is, I suspect he is a VA employee or former VA employee he seems to know what he is talking about and gives good advice on this forum.

Vike 17 wrote "you do not need to fill out VA Form 9 until you receive a Statement of the Case (SOC). The one year time frame you refer to is the time limit on submitting a NOD after receiving a rating decision. It doesn't matter if the VA takes 100 years to issue a SOC, as long as you filed your NOD in a timely manner, your appeal(s) is/are still alive. Once you do receive a SOC, then you only have 60 days from the the date of that SOC to send in VA Form 9 or "new" evidence. I think you jumping the gun here."

All I know is this is from a award letter and every award letter I have says the same thing. They dont say anything about socs or anything else just the fact you have one year from the date of this letter to appeal the decision. Thats what I am going on.

Edited March 2, 2007 by BETRAYED

[john999]

Betrayed

Send in the new evidence or the Form 9 if you got the SOC. You don't want to fool around and argue while yout time is running down. You can ask for a DRO Hearing on the Form 9, and then if that fails you can still go to the BVA. If you have evidence send it in and if not file the Form 9. Nothing much is going to happen until you file the Form 9 anyway.This is the kind of regulation you want to conform to because it is easy for the VA to blow you away if you go over time lines. A date is a date and is not opinion or benefit of doubt. Be very sure you can prove you submitted the Form 9.

[betrayed]

Betrayed

Send in the new evidence or the Form 9 if you got the SOC. You don't want to fool around and argue while yout time is running down. You can ask for a DRO Hearing on the Form 9, and then if that fails you can still go to the BVA. If you have evidence send it in and if not file the Form 9. Nothing much is going to happen until you file the Form 9 anyway.This is the kind of regulation you want to conform to because it is easy for the VA to blow you away if you go over time lines. A date is a date and is not opinion or benefit of doubt. Be very sure you can prove you submitted the Form 9.

John thats pretty much what I am doing. I put the following statement on the from 9. "I have not received a SOC on the issues contained on this form 9 even though I have filed a NOD on 3/6/06. I take exception to and preserve for appeal all errors the VARO may have made or the Board hereafter might/could make in deciding this appeal. This includes all legal errors, all factual errors, failure to follow M21-1, all due process errors and any failures to discharge the duty to assist as violation VA laws and regulations within 38USCS and 38 CFR.

I then attach a statement in support which states

" I am the above named veteran. Please be advised that I am submitting my form 9 to protect my right to appeal those issues listed. I do not want this VA Form 9 to supercede my request for a hearing with a DRO which is currently pending."

I think I am covering my rearside very well :D After they receive this they will have everything I am also sending a VCAA Notice. Maybe I can get my hearing finally scheduled and wrap all this BS up

Edited March 3, 2007 by BETRAYED

[john999]

Jim

That is a long time to have to wait for a SOC. I think you are wise to file the Form 9.

John

[betrayed]

Jim

That is a long time to have to wait for a SOC. I think you are wise to file the Form 9.

John

that was my point in starting this thread, where are my SOC's?