VA Appeal

[allenwilliams42]

Hello Hadit Members

I have a statement of case dated 09/17/2014.  I which to submitted a appeal to the bva on several claims I feel strongly about a win.  My question I have for the board is:

1.  After carefully reading the SOC it states I have 60 day to file and appeal.

2.  In the next sentence it states I have one-year period from the date of the letter notifying you of the action that I have appealed.

3.  Does question number 2 still give me time to file  base on 09/17/2015 is one year or I miss my filing day based on question 60 day rule. Please help with this matter because if question two is right I have 7 days to file thinks.

Allen

[bluevet]

You have 60 days from the date on the SOC to file form 9 (substantive appeal) or 1 year from the date that you received the original denial letter, whichever is greater. If your SOC date was 09/17/2014, then your original denial was much earlier. You can not appeal the decision, however, you may re-open the claim with a new effective date if you provide the VA with "New and Material" evidence. 

 

[Gastone]

Whatever you do, don't let the claim die , due to missing a filing deadline.

File the VA Official Notice Of Disagreement NOW! We can discuss your reasons for waiting, even though you think you have a strong position, another time.

A Vet can be his own worst enemy when it comes to VA Comp Claims, think procrastination. It will sink your boat every time.

With VA Appeals, you absolutely can not miss filing deadlines. As to how strong your case is, doesn't really matter what you think or FEEL. It's all about what you can prove and that usually requires "New & Material Medical Evidence," that  wasn't available to the original rater.

Get busy filing your NOD NOW! You can decide what type of Appeal Route (DRO Review, DRO Hearing or BVA Hearing and type) next week.

 

Semper Fi

 

[allenwilliams42]

Thanks BlueVet and Gastone I kind of thought I was to late to file this claims.  But I think several years ago I file a appeal using the SOC that was past the 60 day mark.  However this must change or I just flat out forgot to due my appeal.  However I type a new statement for sinusitis and think maybe using internet literature from various sources to link my allergic rhinitis to sinusitis.  Also I am using my current allergy test and sinus CT scan which shows care for a deviated septum and allergic rhinitis and my sinusitis is currently in remission.  Would this be enough for new and material evidence.

Allen