Can I add info to NOD thats already filed

[JATO]

My guess is that it would put me back at the beginning of the process but they've only had it 2 months. I have some new info that I think could really help since it seems the rules for sleep apnea have changed. 

[toddt]

You can add evidence to a NOD that has already been filled at anytime.  It will not put you back.

[Berta]

I was wondering that myself when I mentioned the C 130 article to JATO a while ago....when regs or rules change in any way that is favorable to a veteran,such as the SA rules, I think that would be something that could be  added to a NOD they have not reviewed yet.

I am not sure however.....of course the VA should review any claim or NOD based on any new regulations that might impact on the decision being appealed...but that means we have to depend on them to actually read and apply the new rule or reg.

Certainly evidence can be sent it, ad finitum.....but do you mean to amend the original NOD to include more?

Others will opine on this....too

[Buck52]

Its likely to be remanded would be the only bad part  but I am fairly sure  you can add to a NOD but Remands are better than a denial.

[JATO]

I read recently that sleep apnea reg changed to state that the veteran does not need to be in compliance with CPAP use, however a note from a doctor stating that it was a "medical necessity" would now be required to approve a SA claim.  

Since I'm unable to wear my CPAP (i freak out at night) it sounds like the regs changed in my favor.  However i don't have a statement from a Dr stating "medical necessity" in my NOD.  Thats what i was going to add.

[SincityCJ]

JATO,

Do you have a NOD filed for a different claim in addition to the other FDC you mentioned filing in a another thread or are they one and the same?

Asking only as having a NOD under review equals NO FDC for new claims per 38 CFR...

[Gastone]

Jato, without even seeing it, I Know you wern't Denied on a SA Claim, due to failure to use the RX'd Cpap or Bipap. How about posting the Redacted Denial Claim that you NOD'd (2) months ago. If we're going to help you, we need specifics, not hypotheticals.

As to "Adding Info," WTF is "info," are you talking Compelling New & Material Evidence, that was not available to the original rater prior to his recent Denial Decision?

Did you mention what type of Appeal, DRO Review, DRO Hearing or Traditional BVA Hearing, you chose? With either DRO Appeals, VA Regs mandate that the Vet supply N & M Evidence, that wasn't previously made available for the initial Decision. Failure to supply the N & M Eved, will result in an Administrative Denial. Do Not Pass Go, Do Not Collect $200.00, next stop, BVA.

Semper Fi