JATO Posted September 30, 2016 Share Posted September 30, 2016 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. Link to comment Share on other sites More sharing options...
0 toddt Posted September 30, 2016 Share Posted September 30, 2016 You can add evidence to a NOD that has already been filled at anytime. It will not put you back. Link to comment Share on other sites More sharing options...
0 Berta Posted September 30, 2016 Share Posted September 30, 2016 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 JATO 1 Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted September 30, 2016 HadIt.com Elder Share Posted September 30, 2016 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. Link to comment Share on other sites More sharing options...
0 JATO Posted September 30, 2016 Author Share Posted September 30, 2016 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. Link to comment Share on other sites More sharing options...
0 SincityCJ Posted October 3, 2016 Share Posted October 3, 2016 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... Link to comment Share on other sites More sharing options...
0 Gastone Posted October 3, 2016 Share Posted October 3, 2016 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 broncovet 1 Link to comment Share on other sites More sharing options...
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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.
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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 so
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
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