Statement of the Case Notification Timeline

Discussion in 'How to Apply Questions' started by willwatson, Dec 1, 2013.

  1. willwatson

    willwatson Newbie

    Recently, I checked my eBenefits account and noticed that the VA posted an update to my appeal, which basically stated that the most recent progress on my appeal was, "Statement of the case issued". I contacted the VA at the toll free number, and they confirmed that the statement of the case had been issued on November 18, 2013, but that there was no time frame as to when it would be mailed to me. I requested a DRO hearing and was granted the hearing back on August 29th, 2013.

    To my knowledge, the statement of the case is/has been sitting on the DRO's desk since November 18th. I obviously expect a delay with the Thanksgiving holiday, but just am wondering if a statement of the case has been issued, and is sitting on the DRO's desk per se, does that mean that the 60-day clock has started running as it relates to me filing a request for reconsideration or NOD? Or, does it mean that the statement of the case doesn't have an official date on it yet, but rather is being checked for quality, accuracy, etc. and will be mailed to me when the DRO is finished with it?

    Can anyone shed some light on this? I'm just wondering how long it "should" take for me to receive the statement of the case being that it has been placed into a "Statement of the case issued" status. I'm represented by DAV in Nashville, TN, and the NSO told me that the statement is in fact sitting on the DRO's desk, and if I haven't received it by December 1, 2013 to let them know. I know that sounds like I have an answer already, but I don't. I don't know what the possibilities are and how my SOC is being handled, can be re-routed, kicked back if something is wrong, etc.

    It's just that Nashville is a 40-minute drive from where I live, and it has been 13 days since the SCO was issued and I still haven't received it. Does anyone here know what takes place once the SOC has been so-called "issued" and approximately how long it should take before I receive it?

    Thanks in advance for shedding some light on this, and thank you all for your military service and continued service to veterans.

    Will Watson
    Army Veteran (1992-1996)
    60% service-connected
     
  2. vetadmin

    vetadmin Administrator Staff Member

    Will,

    Thank you for your service to our country!

    Your question goes to "compensation" and not "pension". What we deal with here is "pension".

    I have a resource that I have checked with regarding your question, so I share his reply below. Keep in mind this comes from someone who worked for the VA for 25+ years, and knows the system better than anyone I have encountered. I hope this helps in letting you know what you need to do.

    "As usual the DAV has not done this veteran any favors. I doubt if the DAV Rep actually went and checked on the status of the Statement of the Case.

    The VA Regional Office must receive VA form 9 within 60 days of the date they mailed the ‘Statement of the Case’ or within one year of the date they mailed the original decision denying the claim, whichever is later.

    A ‘Statement of the Case’ does not have to be review for approval. They are usually dropped in the mail the same day that they are completed. It is important to get a confirmation (preferably in writing) as to the true status. The clock could be ticking away. Did the DAV Rep actually go and check on the status and location of the file or did he/she just assumed based on what was in the computer? Did they put the vet on hold or called him back after actually checking on the status? I would be concerned and wouldn’t assume everything is ok based on what was reported."
     

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