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Submitting NOD/New Material Evidence
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Zoomie
Good morning. I am submitting my NOD this week for denied contentions (denied April 14th) that fall under the CFR as presumptive conditions that were denied (cancer, kidney stones and arthritis).
The reason for denial was "there is no evidence that the condition occurred in service or during the presumptive period after service". I had received a letter in September ( I believe it was for a 5103 response) stating the documents we have received and in the listed documents was "DD 214 dated 15 January 2015". So I figured I was covered under the presumptives and that they got it from the ARPC.Well they did not. In fact when I separated from active duty, even though I completed the DD 214 worksheet and submitted it and it was never done.
The ARPC will have the new DD 214 completed tomorrow. I am submitting the DD 214 with my NOD as new evidence and for the contentions and I am attaching a letter explaining why I am appealing the decision referencing the DD 214 shows that these conditions are covered under the presumptive guidelines in the CFR.
I am also going to request a DRO review (de novo?). Am I on the right track with this NOD? Also I am not in favor of a reconsideration due to the fact that there is a high probability of losing my EED.
Thank you all for your help.
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Zoomie
Good morning. I am submitting my NOD this week for denied contentions (denied April 14th) that fall under the CFR as presumptive conditions that were denied (cancer, kidney stones and arthritis).
Buck52
Sounds like a good plan to me! Good Luck ......................Buck
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