Soc - Is It Clearly Marked As A Soc?

[tssnave]

I have, to the best of my knowledge, never had a SOC issued. I had the VA issue me a letter denying my claim and then, three years after the DAV sent in a NOD, they sent me a DRO Decision Letter. But, I have never had a SOC that I know of. I have never been sent a Form 9.

How do you tell if correspondence from the VA is a SOC? Is a SOC clearly marked in the header as being a Statement of Case?

Thanks,

ts

[Berta]

The first thing you should have gotten is a VCAA letter telling you specifically what you need to succeed.

The Statement of the Case and the VCAA letter are 2 of the most important documents a claimants gets.

The VCAA letter should state exactly what evidence you need to send to VA- this is not the generic statement on the top of the letter -it is an underlined statement that is specific to your claim.

The SOC states the Reasons and Bases for denial.

A claimant only needs to focus on those specifics in the SOC and in the VCAA (if they get a legal VCAA letter) and then do all they can to obtain what the VA wants.

For example- if the VA suggests that you need a buddy statement-

your SO cannot get that for you but you can-

or- in the case of a widow claiming SC death- the VCAA letter should state that the widow needs to obtain an IMO-

If the VA says that they have been unabl;e to get some of your private medical records from a private doctor-best to contact the private doctor yourself. etc

[tssnave]

Berta,

Thanks for the reply. Please stay w/ me here because I'm still confused.

The only thing I have gotten is a DRO Decision letter awarding me 50%. In the DRO Decision letter it states that they "cannot award a higher evaluation at this time because this condition does not affect your ability to function independently." This quote is listed in the REASONS FOR DECISION section of the letter and it is not underlined.

Does my DRO Decision letter qualify as a VACC letter?

Does my DRO Decision letter qualify as a SOC?

How do you tell if correspondence from the VA is either a VACC letter or SOC?

Since my claim for service connection of my mental disorder was not denied but was, in fact, decided in my favor upon DRO review, does that mean I'm not going to get a SOC or VACC letter?

While I am happy they agreed to service connection and 50%, the percentage is low because of a lousy C&P exam which is why I'm getting an IMO to give the VA DRO new and material evidence regarding how my disorder affects my ability to live independently so they can re-rate the claim.

Since how my sc disability effects my ability to function independently is the only thing they list as a reason why they can't award a higher evaluation that is the primary thing my IMO is going to be very specific about.

If there is some other reason(s) that I need to be focusing on I'd like to know it ASAP. I plan to send in a NOD as soon as the psychologist prepares the IMO and send the IMO in with the NOD.

I'm still uncertain what a VACC letter and SOC actually look like - do they state that's what they are or do you infer that somehow? Again, all I've gotten from the VA is my a DRO Decision letter. If they're looking for information other than how my disorder affects my ability to live independently I'd like to know it so I can try to get it for them prior to sending in the NOD and IMO.

Please clarify what a VACC and SOC look like if they are different correspondences from a DRO Decision letter.

Thanks,

ts

Edited April 18, 2007 by tssnave

[Berta]

"The only thing I have gotten is a DRO Decision letter awarding me 50%. In the DRO Decision letter it states that they "cannot award a higher evaluation at this time because this condition does not affect your ability to function independently." This quote is listed in the REASONS FOR DECISION section of the letter and it is not underlined."

If you get an IMO that follows the IMO guidelines here- you can ask the VA to reconsider the 50% award if the medical evidence (the IMO) shows that you should be in higher rating.

Apparently the VA is saying that the sole evidence you need is evidence that you cannot function independently.

The IMO guidelines -I just posted them again the other day, and full explanations of DRO duties, SOC and VCAA are all available at hadit under a search.

I suggest that you go to the Schedule of Ratings- here also available under search-and find your disability

to see exactly what the next criteria -as to evidence needed-is for a higher award.In the actual rating schedule regulation.

That way the VA cannot put a regulation land mine out there and reject the IMO due to the Rating schedule criteria- even though they should be held to what they said as to "independent function".

Edited April 19, 2007 by Berta

[tssnave]

Berta,

The search engine gives you an error message when you use 4 or less letters as a word to search on so often it is not as easy to find something as you'd like - you have to read through a lot of posts to find what you're looking for. However, having said that, I did find your post and believe I've actually already printed it before. Thanks for posting it.

I am well familiar with the rating schedule for mental disorders. The Decision letter clearly states that I have several things listed in the 70%, and in my opinion, more in the 70% than in the 50%, but the letter said that they can't rate me 70% because it doesn't affect my ability to live independently, which is not the case.

I didn't answer the question about panic attacks adequately during the C&P exam because, ironically, I was trying so hard to hold it together in an unfamiliar setting with an unfamiliar doc without my spouse in the room for support being asked to talk about the worst parts of my life that when she asked me if I had panic attacks I said no. I assumed that the "near continuous depression" I have would have counted for that line in the rating but apparently not. Again, part of the problems with my C&P exam were on me and the other is the way the C&P questions don't line up with the rating guide. Leaves lots of interpretation up to the rater (or put another way, gives them plenty of wiggle room). Also, she asked a lot of closed ended questions and it didn't occur to me to elaborate on how my disability affects the areas that I said yes or no to. I now understanad where I could have done better to explain my situation to her during the C&P exam but, like everything, we do the best we can do when we are called upon to do it.

I hope you're right and the VA will be satisfied if my IMO clearly shows how my disorder affects my ability to function independently. Thanks also for the confirmation that the time and money I'm spending to have a full C&P exam done for my IMO is a good plan. I had my last shrink visit yesterday and he said it'd take him 3 weeks to write my report. He's doing a whole C&P exam report so it will be suitable for rating and he will expound on the "live independently" piece. Hopefully this will make it so the VA can't pull out the land mines you mention.

Now, I'd like your opinion on something -

It was suggested to me on another post to have a personal hearing. I declined that suggestion because I am not good in person and other than prove to the VA that I'm not kidding about having a mental disorder, it wouldn't do me much good. I don't think on my feet well and can't process my way out of a paper bag without time and quiet to do so. However, something has been mulling in my mind and is something I'd like your opinion on.

Since "independent functioning" is the big issue stated and my spouse is the person in the best position to address that would it be worthwhile to request a personal hearing to get testimony from my spouse on the record?

I am holding off deciding that decision until I've read the IMO. If it addresses the independence issue fully (my spouse went with me for most of the IMO visits) then I'll spare myself the agony. However, I am interested on your opinion pros/cons of requeesting a hearing for my spouse to testify about how my disorder affects my ability to live independently. Does your opinion change depending on whether or not the IMO is strong on this area (iow, if it's strong do you say forget the hearing or even if it's strong would you advise still having a hearing?).

Thanks for your help and advice.

ts

[Berta]

Your right- our acronyms ususally dont allow a search-here is one of my posts-

if the IMO doctor can provide all of this (and he/she should have the regs for the ratings at each level)-I dont see why you would need to worry about a hearing at this point.

Also -forget what I said here- but any SOCs or SSOcs also can be very helpful in showing the doctor what is needed for your claim.

In your case the decision letter itself shows why they did not award at the higher level.

This is what the doc should focus on.

Format of an IMO.

The IMO (independent medical opinion) should contain the following:

A statement as to the specific area of the IMO doctor’s expertise that renders his/her opinion medically valid and appropriate to the disability claimed.

Any speeches or written treatises referenced etc that the doc has done that also support their expertise in the field of the disability.

A statement as to what medical records the doctor used to include the SMRs and any other available records pertinent to the claim.

A medically sound complete statement regarding “more than likely†or whatever terminology they use- that is supported by a complete medical rationale for their opinion.

A reference to the veteran’s SMRs (needed in most claims)- that supports the nexus in the veteran’s military records. An opinion regarding an in-service event is usually not valid if the doctor does not have the SMRs and refer to them.

A medical statement that rules out any other known etiology but for the service of the veteran as initial cause of the disability –based on the entire clinical record.

Any reference to any abstract or medical literature or treatise (the vet can find these themselves for the doc to consider) from valid and appropriate medical sources that supports the nexus of the claim.

This post has been edited by Berta: Apr 17 2007, 10:23 AM

--------------------

Edited April 20, 2007 by Berta