Good afternoon, my name is John Wallace. I retired from the United States Army after 22 years of active duty as a lieutenant colonel. Now, I'm a practicing attorney. The bulk of my practice involves assisting veterans with their service-connected disability benefits, along with probate and estate planning, and guardianship and conservatorship matters. The purpose of my presentation this afternoon is to discuss the lifecycle of a VA appeal. I want to give you an idea of what happens, how long it takes, and perhaps provide some understanding as to why the system is the way it is. For those of you who have filed a claim before, you may already know that you don't necessarily need an attorney to assist you. You can seek help from the county veteran's service office, the VA, or the VFW. These organizations have individuals who are experienced in filing claims. However, many veterans choose to handle the process themselves. When you file a claim, you submit it to the regional office that has jurisdiction over your claim. In southeastern Michigan, that would be the Detroit regional office, located in the McNamara building in downtown Detroit. Once you've filed your claim, the regional office will review it and either approve or disapprove it. Currently, it's taking approximately three to six months to get a claim approved, which is a significant improvement compared to previous years when it could take more than a year. To address the backlog and speed up the process, the VA added additional resources, such as case reviewers. They have done a commendable job in reducing the backlog and expediting official claim approvals. However, as a result of processing more claims, the VA has also been making more decisions that are denied. This increase in denied decisions has led to a rise in appeals. If your...
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Ebenefits appeal pending - statement of the case (soc) Form: What You Should Know
Because an appeal from the original review can have major ramifications for your entire career, you MUST take full advantage of the opportunities provided by these documents. The statement is used to show what the original decision and all the evidence are in support of. You can't cherry-pick this document and create an opinion based on what you think you have heard or read. The Statement of the Case (SOC) is to summarize all issues raised on appeals filed, to show how your information compares with the statements of case. VA can review your SOC when you apply for appeals or when you apply for a disability rating (or for Social Security Disability benefits, if you do not have a disability benefit). It is also used in the Substantive Appeal process for all appeals filed. A Summary of Issues in Support of an Appeal VA has three criteria to ensure a thorough and fair review of an appeal: VA will review all evidence to determine if it is consistent with your original decision or not, and the fact the medical record is sufficient evidence to support a claim. The decision must support your present condition. The decision and evidence must be “reasonable under the circumstances” and “contrary to the official record.” The process is very expeditious. VA will review ALL relevant evidence in a timely fashion and then make a decision in as little as 2-3 months. VA's appeals are very comprehensive — you may only be in one step. You can always ask the VA to review the underlying decision, the reasons for the decision, and the results of the original evaluation. VA must include: the date the decision was issued, the reasons for the decision, the record review information, and an explanation of any evidence that the decision excluded or excluded evidence. (a statement stating that any evidence considered is not an essential piece of evidence must be in the Appeal). When you appeal an award, the decision is reviewed by the person (the same person in most cases) holding the decision-making position on the decision at the time the decision was issued. A copy of the Appeal is not sent to you by mail. You will generally receive an Appeal within 30 days of the date your original appeal (if the decision was changed to an award) or letter requesting re-evaluation was received.
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