Appeal Pending - Statement of the Case also moved to Preparation of notification. Is my claim denied?

2017-08-07T14:54:49-04:00

I filed a NOD for being granted 0% for a foot condition on 3/07/2017 and opted to not have a disposition instead I provided medical evidence. Today I check eBenifits to see that my appeal went from Appeal received to Appeal Pending - Statement of the Case (SOC).

I know SOCs are not always the best thing to get, am I getting denied again?

Response by CPT Andrew Wright made Aug 7 at 2017 4:04 PM

2017-08-07T16:04:00-04:00

Statement of the Case is where the VA outlines what they have granted and their reasons for denial of what you are asking for. The Appeal itself will probably go on for another year or two. If you have a Representative (DAV, VFW, etc) they will get their chance to respond and you also have additional time to provide more information in support of your claim. Your current status looks like the Statement of the Case will be in the mail in a few days but an acutual decision on your Appeal is months (years?) in the future. Good luck!

Response by CWO2 John Markiewicz made Aug 7 at 2017 10:01 PM

2017-08-07T22:01:35-04:00

You are at the very beginning of the appeal process, my appeal was in it's fourth year when it finally went to the court and then about a year ago the court remanded all five issues back to the Region for rework, that started a whole new round of C&P exams and added about another two years. The average appeal is now taking around 5 - 7 years. Of course with the new fully developed appeals and with the revisions to the appeals process it could take a lot less time for the more recently filed appeals. Those of us who filed appeals way back and are just now getting some reviews and remands will still take years I suspect.

Response by LCDR Rabbah Rona Matlow made Aug 8 at 2017 10:50 AM

2017-08-08T10:50:24-04:00

without seeing it there is no way to know. Did you file through DAV or another VSO or did you file directly with the VA? I hope it was through a VSO. If so, you can have your NSO at the VSO investigate what is going on with your claim. Good Luck.

Response by SN Damiyon Damo Everly made Oct 17 at 2018 1:57 AM

2018-10-17T01:57:53-04:00

what was the outcome Jesse?