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NOD for Increase Disability Question

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Wayne TX

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I have submitted multiple NOD Appeals (4) nearly a year ago now.......my question is that one of these is just for an increase in disability compensation from 10 to 30% based on exceeding the criteria for episodes, but I submitted as NOD along with the others. I achieved the required number just a month after getting approved for 10%.  Since this appeal amounts to an increase and meets all the qualifying criteria do I benefit any at this stage by notifying EVIDENCE INTAKE CENTER that this particular appeal is for an increase only that has since been obtained under the required regulations......or is it better to just let it ride out now as a NOD.  Has anyone had a similar situation?.  

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What Appeals Route did you choose, DRO Review, DRO Hearing or Traditional BVA (Video, Travel Board or DC)? DRO Review can take 12 to 18+ mos, DRO Hearings 2 to 4+ yrs and BVA in area of 4? yrs.

Semper Fi

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Continue the NOD.  You need to do so to get the earliest possible effective date.  

If you apply for an increase today, then the earliest date of your increase will be today. 

However, if you got a 30 percent rating, and you filed a nod saying you deserve a higher rating, then, if your appeal is granted, you should get back pay on the higher rating.  

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Gastone -  DRO Hearing -  Waco VARO.....I am still waiting to get a DRO Hearing set......still waiting on my C-File requested at same time of NOD filings made in May 2016.  How long does a C-File generally take to receive?

broncovet - I agree and advice well taken.........I had only equaled but not exceeded my minimum required number of episodes to be awarded so I was initially awarded just 0% SC.  Then, I did exceed the required number of episodes to qualify for 10%, so I immediately filed a reconsideration and they awarded me 10%.  I was still two (2) episodes short of also qualifying for 30% when I applied for the 10%.  I then had two (2) more episodes also within the very same time period (one year) and I sent that additional evidence to VARO even before the 10% had even been awarded in hopes they'd catch it and increase to 30% - not award at 10 % that I already knew I had qualified by regs.  VA didn't acknowledge the new evidence, and just rolled with the 10% award only.  I was hoping they would catch the new medical evidence since they're suppose to look at all new evidence. The new evidence was submitted a month before I was notified of their 10% decision awarded so that's why I went ahead and filed SC disability as a NOD appeal.......all still happened within the same time period of one year. The additional evidence was either ignored by VA. or I submitted it too late for them to catch and correct - who knows - but doesn't change the facts I qualified within the regs.  Amazingly, I filed a FDC reconsideration with my added qualifying episodes evidence in February and by the second week in May was awarded 0% SC to a 10% SC....but no 30. My original claim for this disability dates back to May 2015.

Edited by Wayne TX
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Mark

I understand that the DRO 's in Waco take about 325 days to process a Hearing after they get your Notice, but that # depends on different variables how  many are waiting in line, how many DRO are on hand and how long it takes them to process your NOD after they recieve it, you can check with our VSO and ask him/her to check the status on your wait time for the DRO Hearing  and ask him if he can speed it up in anyway? they are suppose to process the NOD's as they come in but under special circumstances like Being Homeless or in dire need of going hungry  ect,,ect,, they are suppose to process these NOD first  and this all slows down the NOD Process.

you should be hearing something soon about your DRO Hearing within the next month or two,(you requested it back in May 2016 last year correct?)

Also you can email his lady and ask her to check on your C-FILE

Mary Ann Wentzel she isone of the RMC Manager at St Louis NRPC Archives

maryann.wentzell@.gov  .......if the two I''s at the end of her email is not right then use the # 11

just say:

Dear Mary Ann can you do me a favor and check the status of my C-File Request?  I sent the Request in on May 1st 2016 with My Release of information form va 3288 but here is another one if  need be.

also here is a # you can call might be faster? but I had better Luck with MaryAnn

314-801-0800  call before 10:00 est or after 3:00 est  between the hours of 10:00am to  3:00pm you may have a long wait.  you can check the status for your C-FILE

Edited by Buck52
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I might add this, when we file a claim  the VA sends in for your C-FILE and your C-FILE is no where to be found from Other Agency's ..this  is why it takes a long time to get your C-FILE  b/c They have to locate it.

It's always best to request your C-FILE before you file a claim any type of claim...and maybe a few months later file  you a I.T.F. ''INTENT TO FILE''  you have a Year on the I.T.F.  to File it ( for your original claim) this gives you an EED and gives you more time to gather up your Evidence  and Usually you will have your C-FILE by this time.

Edited by Buck52
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Great information there Buck.......thanks.......yes I  submitted NOD's and requested a C-File in May 2016.   I will certainly check to see if they have an idea when my C-File should arrive.  I already had a paper file from 2009, but since they will send an updated C-File when filing an Appeal(s) I took the opportunity to request an updated File.  I hope it arrives by May as that would be a full year waiting to receive.  I pretty much figured I would not receive anything about my DRO Hearing date in Waco sooner than this Summer because Waco is backed up I more than other VARO's around the country. 

Edited by Wayne TX
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