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Hambone11B

No Nod Was Filed

Question

I just have a question regarding whether or not what was done was sufficient for saying that I disagree with there original assessments and if what I did qualifies me for back pay from the date I left the army in FEB2009. This is what was filed as I was told an NOD had a statute of limitations of 60 days.

VA Form 21-4138 (Statement in Support of Claim that stated)

Veteran is filing a claim for service connection for IU

Veteran will submit Buddy Letters at a later date.

Veteran also requests a re-evaluation of his service connected 30% PTSD.

Everything else that I was helped with needed to be redone or filed for the first time such as the TDIU form. I'm at 80% and am looking to get to 100% and the back pay is a considerable amount this being 17 months since my departure from the army. I had typed out an NOD to be sent in and wanted the vfw rep to read over it to make sure it was correct and he said I only had 60 days from 30SEP2009 (the date the decisions were made on the two claims TBI and PTSD) so we scrapped that NOD and filed the form I listed above. If the above just makes it look like I'm filing for an increase because it has worsened since then, that is not the case. It was underestimated in the first place because they did not have all the information. The original TBI claim was denied and PTSD was set at 30% which is low because they did not have all the info. Any feedback or information is much appreciated and I would also like to thank anyone who has answered my questions here. This site is such a tremendous tool and I have referred numerous battle buddies to here as well. Thanks all.

Edited by Hambone11B

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5 answers to this question

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I just have a question regarding whether or not what was done was sufficient for saying that I disagree with there original assessments and if what I did qualifies me for back pay from the date I left the army in FEB2009. This is what was filed as I was told an NOD had a statute of limitations of 60 days.

VA Form 21-4138 (Statement in Support of Claim that stated)

Veteran is filing a claim for service connection for IU

Veteran also wishes to file for service connection for TBI. Veteran was involved several times with IED's, mortars and rocket attacks.

Veteran will submit Buddy Letters at a later date.

Veteran also requests a re-evaluation of his service connected 30% PTSD.

Everything else that I was helped with needed to be redone or filed for the first time such as the TDIU form. I'm at 80% and am looking to get to 100% and the back pay is a considerable amount this being 17 months since my departure from the army. I had typed out an NOD to be sent in and wanted the vfw rep to read over it to make sure it was correct and he said I only had 60 days from 30SEP2009 (the date the decisions were made on the two claims TBI and PTSD) so we scrapped that NOD and filed the form I listed above. If the above just makes it look like I'm filing for an increase because it has worsened since then, that is not the case. It was underestimated in the first place because they did not have all the information. The original TBI claim was denied and PTSD was set at 30% which is low because they did not have all the info. Any feedback or information is much appreciated and I would also like to thank anyone who has answered my questions here. This site is such a tremendous tool and I have referred numerous battle buddies to here as well. Thanks all.

I am not sure what your VFW Rep. was talking about but most likely VA will take this as a Notice of Disagreement. If you have not heard from VA, you should try to get all the information you need to support all your claims and send it in as soon as possible. If your claim was awarded in Sept. 2009, you would have until Sept. 2010 to file a NOD not 60 days. This is a NOD and a claim for increase. Have you filled out the TDIU form? If not you may want to fill it out and send it in.

http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

Edited by pete992

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Thank you Pete! I have filed the TDIU form and have turned in several statements since this letter was submitted so everything is on track. Just wasn't sure if an NOD was one of those technical forms that needed to be filed. I was helped with on my original claim by a "former" vfw rep and everything I did then I am finding out was wrong or was incomplete and may have lead to why the claims were denied or underestimated and just wanted to double check here for ease of mind. Now the waiting game starts lol. Once again, thanks Pete

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Find out from the VA if they have a NOD on file for you. If not file a NOD stating that this is a notice of disargeement with the original rating decision in capital letters as a heading. Then you can also add all the other stuff. Your former VFW VSO is all wet. You had a year from the date of your rating to file a NOD. What you need to know is if the VA considers the form you sent them a NOD or a request for reconsideration. Time is short. You want to protect your effective date so I basically agree with what Pete is saying.

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I was also unde-rated for PTSD at 30% and 10% more for service connected physical injury, I guess that makes me 40% total. My VFW rep and I are working on claims regarding secondary issues related to primary physical injury; this claim is in process and no obstacles so far, keeping my fingers crossed. I was in small arms unit in NAM for 11 months, they rated me at 30% solely because I have the CIB (Combat Infantry Badge), they didn't take into consideration the hell and fire and the trauma that over whelms you once we come back home. I am under treatment at the Vets Mental Health Center and I am on meds that do nothing but numb me, and there are additional awful side effects to these. Unfortunately in my case the VA shrinks refuse to write support statements in support of your condition when seeking more than 30% for PTSD, I guess it's not in their best interest to help you, they just load you up with a bunch of pills and hope you don't kill yourself or viceversa, just my opinion if this statement insults someone. I am seeing a Psychiatrist in the private sector who is more than willing to help me get a higher increase. This Doctor was a Major in the Army and hates the VA's treatment of combat Vets, he knows the system inside out and the devious angles the VA resorts to, to deny claims. Nothing is guaranteed, but finding a good Psychiatrist who was in the Army and knows the VA's evil ways ought to help some. Coming to this forum has been very helpful, there are many good people here who are very wise in these matters. Don't give up, it's frustrating but stay on top of your claims.

Jim

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Hambone,

I suggest you also contact the Wounded Warriors Program.

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