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NOD in review status?

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coastie72

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Hello,
I went to my RO to request to view and get a copy of my C-file as I have seen so many others on the forums say is important to have.
The representative ask me why I wanted the information and I told him simply that many other veterans has told me I should have it.
He then asked me if I had an open claim and I told him of my NOD for request for increase that is right at 18 months old. He said that many take much longer and some get through
in the 18 to 24 month time frame at my RO.

He then pulled up whatever he could see on his computer about my NOD and said "well it looks like it is under review now." He ask me what evidence I had submitted with the
NOD and I told him what my VSO had told me, "we would take care of that at the hearing"??? To that comment he shook his head and said I should immediately turn in any evidence that
I have and the VSO was wrong in telling me to wait. I was wanting to make sure that the VA had copies of my two hospital stays in their records. He then asked me several questions about the hospitals and doctors names ET and he searched my records and said that he did not see anything in the records about either stay.  He then ask me if I had copies of my two hospital stays, which I do, and if so get them in ASAP.
I only live a few miles away so I told him I would bring them back that same day. He then started typing and said he was putting in a note that I was bringing in new evidence.

Upon my return I seen a different representative that took the records of my two hospital stays, which by the way was not at my home VAMC, I was transferred for lack of space available. I also included notes that my psychiatrist has been entering after each visit stating that I am no longer employable all was listed on form 21-4138. This rep said that the information would have to be scanned into the system.

The first rep I spoke with said that if I had submitted my hospital records when I first filed for "request for increase" it probably would have been granted. Once again I depended on my VSO which on the claim simply typed that I had recently been hospitalized. Those records were not at my home VAMC at that time, but I had discharge paperwork that could have been submitted that would have clearly shown why I was in the hospital.
The rep then said that I should have filed for reconsideration instead of a NOD, once again I depended on my VSO.

The first rep said that turning in this evidence now would not slow down the process, I hope he was being honest.

I am just searching for thoughts from some of you that know how things work.

"What does in review mean if anything?"

Thanks, Coastie72

Edited by coastie72
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"I "just" last week took the VSO a MDD DBQ filled out by my VA psychiatrist fully in my favor. Should I get that from him and submit it to the RO or can I just send them a copy? In your opinions is this going to be decided at the RO or is it going to end up at the VBA."

If this favorably DBQ overrides an unfavorable C & P exam I assume they denied the claim on, by all means get a copy of it and send it to the VARO ASAP! Put attention to and use the initials in the alphanumeric on the upper right hand side of the decision.

These are the initials of the last person who handled your claim.

Was this for an increase of the SC MDD or for TDIU?

Evidence also can be submitted via ebenfits.

 

Edited by Berta
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Thanks Bertha,

My NOD is still at my RO which I am fortunate to live close too. The NOD was in disagreement for a denial for increase that was sent in by my VSO.

This is all that was submitted on form 21-0958 written for me by my VSO; I am in disagreement with my VA rating decision dated May 8th, 2015, which denied an increased rating for Major Depressive Disorder. My condition has continued to worsen in severity. In fact I was recently released from a MH program conducted in XXXXXX XXXXXXX XXXXXX Health located in XXXXXXXXX, SC. No other material was submitted.

I am currently rated at 50% MDD/ with PTSD as stated in my original C&P which was done and awarded in Jan 2015.

The DBQ from my VA psychiatrist is checked under OCCUPATIONAL AND SOCIAL IMPAIRMENT page 2 ; 3A Total Occupational and social impairment page 5 under Remarks she typed:  I have been treating Mr.abcdefg for Major Depressive Disorder, and PTSD for over a year. It is my professional opinion that he cannot mentally hold gainful employment as a result of his service connected conditions listed, which are more likely directly related to his service in the U S Coast Guard.

From the time of my Request for Increase done the week after I first got out of the hospital, that claim was denied while "I was in" another hospital. But like everything else the VSO and I have done he does not send in any evidence. He is not a rookie, 5 years at a wide open DAV.

So from this point forward I am submitting everything myself.

Coastie72

 

 

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That is what every vet should do,in my opinion. With proof of mailing or proof on ebenefits that VA got it.

They can give their vet rep a copy of what they sent in.

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