Ask Your VA Claims Question | Current Forum Posts | Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users
- 0
Contention kicked out of NOD
Rate this question
Ask Your VA Claims Question | Current Forum Posts | Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users
Rate this question
Question
bakerkd
Going to try to keep this long saga short. Filed initial claim July 10 and received decision Oct 11. Virtually everything denied since SMR's magically disappeared sometime after Nov 10. Overnighted my copy of SMRs about a week before decision but they just sat in VARO mailroom. I requested a reconsideration of all contentions due to being rated without records that, were in fact, in VA's possession. Reconsideration granted for all and got improved ratings for most. This was in Apr 2012. After scouring the decision letter I noticed that one of the contentions wasn't addressed It was just left out of decision all together. I filed NOD in February 13 after searching for as much medical evidence as possible.
Now fast forward to today. 40 months into my NOD/ DRO I get letter stating that the contention that was left off my reconsideration in Apr 12 cannot be considered in NOD because the 1 year statutory appeal period was exceeded. Basically, even though they granted a reconsideration, I couldn't appeal the contention that was left out because the date of decision was the first denial of service connection, done without any SMR's.
I sent them a cordial message in IRIS stating that the NOD was for the reconsideration of ALL contentions but that they were in error for omitting it in deciscion letter and that the date of denial should be Apr 2012 based on their CUE. Regardless of whether they consider it with the NOD, where the hell is my rating? They have had new and material evidence for 5 years and have had a reconsideration and a NOD requesting it be eval'd. To this date they have never matched my SMR's including new and material to this contention.
I now have 6 years invested in this. Should I wait and see if they magically admit they screwed up or file a new claim and spend 5 or 6 more years trying to get effective date fixed? Any suggestions?
Link to comment
Share on other sites
Top Posters For This Question
3
2
1
1
Popular Days
Jul 20
3
Jul 16
2
Jul 17
2
Jul 15
1
Top Posters For This Question
bakerkd 3 posts
broncovet 2 posts
Gastone 1 post
pwrslm 1 post
Popular Days
Jul 20 2016
3 posts
Jul 16 2016
2 posts
Jul 17 2016
2 posts
Jul 15 2016
1 post
Popular Posts
broncovet
You will wait a very long time if you "wait" for VA to admit error. The last time that happened was just before Christopher Columbus made it to the east by sailing west. Your issue remains "pe
Gastone
I feel your pain. At my 06/14 DRO Hearing (went Informal), DRO told me he could only address the Disputed issues listed in my NOD, filed back in 2010. It didn't matter that on all my NOD filings, I in
broncovet
PWR It depends on several things whether reopining under 38 CFR 3.156, if it will result in retro. The two main issues on 3.156 retro are: 1. Is this new and material SERVICE RECORDS?
7 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now