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Additional Evidence After Initial Decision
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glarus
I obtained an IMO after receiving VA's decision on my claim. I got the IMO because I had issues in service, have them now, but "no nexus" (not their words, of course,) so the claims were denied. I have not yet filed a NOD. VA form 4107 ("Your Rights to Appeal Our Decision") says
OK, so obviously I would have been well-served to have obtained the IMO before submitting the claim, because now I have a mostly unfavorable decision. A solid, fully-developed claim from the get-go is best, but my time machine is broken. Lesson learned. There is, however, one important thing that came out of the decision: I was granted one service-connected condition, and the IMO uses that one to support the ones which were denied.
1. What exactly is VA saying in form 4107? Should I submit the IMO to the RO before a NOD, just to see what happens? I don't have much time (about two months) left to file a NOD, and it will be timely, no matter what else happens. Is submitting additional evidence in this period between their decision and my appeal even a possibility? Will they add it to the body of evidence they have, and see if it changes their decision (as form 4107 suggests?) Or should I just file the NOD, and include the IMO? I want to ensure that whatever I do, I don't lose my original filing date. That language from form 4107 sounds shady, since not filing a NOD and busting the one year limit forces you to reopen the claim, forfeiting your original filing date. Or is the NOD not really the "appeal," just a notice of intent to do something because you disagree with their decision? (Sorry for the multiple questions, this is really just one question: given the fact that I now have an IMO, what do I do right now, for the fastest, least bureaucratic decision? )
2. If I file the NOD, I'd like a DRO review, since I believe the IMO will change the outcome of a de novo review. I see nothing on VA's site or forms about how to request DRO review when you're using their now-required form (21-0958.) Do I just attach a memo?
Thanks for your insights!
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