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VA claim - order of paperwork

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Carpool

Question

I'm trying to figure out the order of paperwork as a claim and appeals progress.  I think I'm missing a set of paperwork, but don't know for sure.  Specifically, a Decision letter from the Regional Office that fits between #7 and 8 in the below list.  Shouldn't I get a Decision letter with rating info before getting a Statement of Case?

This is what I have so far:

  1. Claimant - Claim for compensation
  2. VA - Decision
  3. Claimant - Notice of Disagreement
  4. VA - Statement of Case
  5. Claimant - Appeal
  6. DRO/BVA/CAVC mess (Decision Review Officer/Board of Veterans Appeals/US Court of Appeals for Veterans Claims)
  7. VA - Decision by judge.  Awarding some claims and remanding some.
  8. VA - Statement of Case.  Denied 3 items.  No mention of others.

Any help is appreciated because I am confused.  I have 2 options right now with the 60-day deadline to answer the SoC:  Do it now, and address everything in the claim NOT addressed in the SoC -OR- wait a little longer hoping a Decision letter comes (if there's supposed to be one) to explain the missing items.

 

 

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  • Lead Moderator

If I am reading this correctly, you just got done at the BVA?

If so, the decision still has to come back to the RO and the VRO has to do what the remand says to do.  

If there is an award then they should put that in, but in my experience, they wait until they have done the remand then do both.

As doing the remand could cause another grant.  

When I did mine, they can back with 4 grants 2 remands 1 denial.  they fixed the remands and i got 6 grants.  Which is good, but it took another 6 months.

if it is giving you a deadline, then you need to send in what is asked for.  Do not give them a reason to deny it.

You have to wait until these decisions are in before you can appeal to the next court.  

The process sucks but keep fighting and you will get there.

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Thanks shrekthetank1.

You're correct, that I just got done with a step in the Appeal process.  It was at the CAVC level.  I had grants, remands, & denials.  The denials were expected as the conditions were resolved over time or were injuries with no real impact in the past or currently.  CAVC sent the instructions to the Regional Office.

I received the RO's SoC generated from the CAVC remand.  It confirmed the CAVC grants and added 3 denials.  Again, those were expected and accepted as fair.  The SoC skipped over some of the remands and didn't even address them.  My goal in addition to what's been granted is 1 increase and 2 awards, one being just a fair 0% for connection so I don't have to fight that in a few years when the condition worsens.  I was under the impression the SoC should have mentioned every item either with a conclusion or that it was still in-work.

You can bet your behind that I won't miss that due date.  I'll give it a little while to get a Decision letter before starting a response to the SoC.

Again, thanks for the help.  You confirming that there should be a Decision coming keeps me straight.

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Yes.  Since you received a bva decision, where at least some benefits were awarded, you should get an "implementation decision" by the regional office, implementing the decision.  

As far as a SOC, you may not get those anymore "because" they are no longer required with AMA claims.  Legacy should still get an SOC.  

My advice is to see if you can print the decision letter from VA.gov or ebenefits, at least some of the time that can happen.  It probably depends on "when" you got the decision, its a rather new thing pointed out to me recently.  

If you can not print it explained above, then either contact VA or your VARO and ask for a duplicate decision letter.    You need to get your hands on that letter, its nearly impossible to know how to proceed without it.  

Without the letter, it would be like playing a football game "where you dont know when and where" the game is supposed to occur.  How can you even show up, if you dont know when/where?  

That's why football games carefully monitor the time, because "time" can easily alter the game outcome.  "Just a few more seconds" and we would have won.  

Get your hands on that letter, promptly, and, if you dispute it file a nod.  Its not unusual any more where you have to file "multiple, multiple" Nods to finally win your benefits.  

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My claim started a little over 10 years ago, so it's Legacy.  I don't recall choosing the AMA route or that being an option.  Not to say it wasn't there.  Scrambling to get back up to speed every year or so is tough.

Thanks for the advice.  I'll check online for the download.

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  • Community Owner

If you don't watch what you check on the form it is easy to check the AMA box and not be aware of what you have done. The one legacy claim I had goes back to 2017. It seamed like every time I turned around it was getting put in my face to try and convert it to AMA. One they render a decision on it you can't claim legacy on it.

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  • HadIt.com Elder

I even screwed up a claim for an increase in my DMII.  They way I checked the box the VA said I was asking for all my disabilities to be reviewed.  I did not want that and I corrected that post haste. 

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