Wow! Talk About Fast Action On My Cue And Nod!

[RockyA1911]

I finally got a response from the IRIS I sent last Thursday asking the status of my July 5, 2005 I/U claim and for them to confirm that they had received both the 8 March 2007 NOD, and 13 March, 2007 CUE.

The response was that my file is being reviewed by the rating board as of 3-16-2007. I called the 800# also after receiving the IRIS response and the guy told me my file had been pulled and is being reviewed by the rating board since 16 March, 2007.

So it looks like I will get some kind of a decision shortly and I did not file a Form 9, just a letter stating Notice of Disagreement and stated what was in error and what it should be, same with the CUE.

Had I sent in a Form 9 with it requesting a De Novo review, I don't think it would be at the rating board right now, it would be processed as an appeal and put in the appeals waiting line.

[theotherguy]

My bad Vike, I thought that the CUE was a non-appeal issue. Being the newbie stinks sometimes

[RockyA1911]

Vike said,

"Now if the claimant chooses to have his apeeal handled the traditional way, then the C-file generally goes back to the Rating Activity for a SOC to be produced. However, sometimes the Appeals Team will also produce a SOC in this situation, but normally the team that made the prior decision will write the SOC. If I remember correctly Rocky choose a DRO review in this matter."

If the C-file goes back to the rating activity, and they agree with me on the math error and the EED, then they can grant what I wanted, correct?

If the rating activity does grant the benefits sought, then they do not need to produce a SOC. Right? Do they then just send an award letter instead?

They only produce the SOC if the Rating Activity stands by their previous decision and does not grant the benefit sought. Correct?

So what I'm trying to find out is a SOC is not always produced, but only when the benefits sought are denied. Is this right?

[theotherguy]

To my knowledge, an RVSR does not possess the ability to overturn another RVSR's decision unless either new evidence is received or a clear and unmistakable error has taken place. A DRO has the ability to make a new decision based on the same evidence available to the RVSR, which is why electing this procedure is to the advantage of every claimant pursuing benefits under appeal. The only time a traditional appeal should be elected is if you are attempting to fast-track your case to the BVA or are confident your CUE call is legitimate.

It is also possible to simply ask that the claim be reviewed for CUE without actually filing a formal notice of disagreement. This was what I thought had taken place based on the earlier comments...

I hope you are able to get the matter resolved quickly

Edited March 22, 2007 by theotherguy

[carlie]

Rocky,

They could also do a patrtial grant or defer an issue for further development and still produce a SOC or SSOC.

carlie

Edited March 22, 2007 by carlie

[Vike17]

Theotherguy,

"To my knowledge, an RVSR does not possess the ability to overturn another RVSR's decision unless either new evidence is received or a clear and unmistakable error has taken place. A DRO has the ability to make a new decision based on the same evidence available to the RVSR, which is why electing this procedure is to the advantage of every claimant pursuing benefits under appeal"

Not too bad for a newbie

Rocky,

Carlie is correct. For example, let's say you are appealing a decision for PTSD which was granted a 50% evaluation. The DRO grants an increase to 70%. Since the DRO didn't or couldn't grant the maximum percentage allowable, which is the 100% rate for this particular disability, the DRO would produce a rating decision granting the increase to 70%, but would also produce a SOC outlining why the 100% evaluation wasn't assigned. Does this make sense? In this case if you still disagree with decision to only grant the 70% and not the 100%, the veteran would need to continue the appeal with either submitting Form 9 or sending additional evidence within 60 days of the SOC. Even though the VA issued a rating decision and one could technically submit a NOD and start the appeals process all over, it wouldn't really serve any purpose because since this issue was already afforded a DRO review, the claimant could not ask for another one. Then the VA would issue a SOC which would mirror the first one any ways because it would be for the same issue and same arguments.

I hope I didn't confuse anyone with this senario. If so, I'll try to explain it a little better.

Vike 17

[RockyA1911]

OK!

Now I don't know what to think. I sent IRIS inquiry a few days ago asking the status of the NOD, CUE, and I/U claims.

I just received this response this morning. It is still not clear whether they did them all or just the I/U, but I specifically asked the status of each.

Response (Department of Veterans Affairs)

03/22/2007 07:32 AM

Dear Mr. XXXXX,

It appears that a decision has been made and you should receive the results of our decision in the next few weeks.

Thank you for visitng our website.

XXXXXXX X. XXXX

Veterans Service Center Manager

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