The VA appeals process is undergoing a complete overhaul. Understanding these changes will be important for you to know how best to navigate your claim through this system. In our first video, we gave an overview of the whole system. In this video, we're going to focus on the new appeal process that takes place at the regional office known as the RO where you file your claim. This is the new layout of the VA appeal system: Once an initial decision is reached, the veteran has three options for keeping the claim going. The first option is to file a supplemental claim with new and relevant evidence. The second option is to ask for a higher-level review. Lastly, you can file an NOD2 to go directly to the Board of Veterans Appeals, also known as the BVA. Let's start from the beginning: filing a claim. When you file a claim, the VA has a duty to assist you to win your claim. This duty could mean the VA must go to get service records, medical records, and Social Security records. Sometimes, the duty to assist includes getting the veteran a C&P exam. The VA's goal is to issue a rating decision within 125 days. Although similar to the way the rating decisions used to be laid out, now it must include the following: - Identification of the issues decided - Summary of evidence considered by the VA - Summary of applicable laws - Identification of findings favorable to the claimant - The VA is then bound by these favorable findings throughout the adjudication appeal, absent clear and convincing evidence to the contrary - If denied, identification of elements leading to denial - Explanation of how to obtain or access evidence used in making the decision - Identification of criteria...
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Appeal pending - statement of the case (soc) Form: What You Should Know
There is a change in the status of the appeal, and the appeal was filed at least one year ago (in the case of death). A pending appeal is determined by which category it falls.
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Video instructions and help with filling out and completing Appeal pending - statement of the case (soc)
