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COOL BREEZE

Filing Nod Issues

Question

I have posted the claim that recently came back to me. I have several questions. I went and got a VSO from DAV to process a NOD on one claim. They typed it up and gave it to me to mail to their rep at the VA in Phoenix one week ago. I don't see anything on this claim on the e-benifits nor does the 800# have any info on this claim. I called the DAV today and asked a few questions-he wanted to know why was I only filing the single claim, and not all the other issues that need to be refiled a NOD on each and some claims will have to be re-submitted as the VA stated I didn't give them a notice I was filing a claim for disability(this time I will get it notorized by an attorney). So what would you do? Resubmit all these NOD claims myself as I am not sure why everyone has a different opinion. The way I look at it-sure you have a year-but will all these be done in 1 year. He tells me it should only take 1 month per NOD, do one and wait for the response and do the next. I don't want to say anything degrotary yet but who should I listed to. And since some of these are NODS, and some will have to be new claims that were not included-do I file all as such, or separate them or what. I was planing to this myself, but some of the advise here goes with either-do it yourself, or get a VSO. Do you think this VSO is being lazy as it was less work for him to do, or he knows a secret that it will be faster do 1 by 1. I am completely as loss. I just down loaded the example of a NOD form-but I don't feel confident that I can submit a proper defense on all my issues that should have been rated. I estimated 70-80%, 50% was fine but I need help for the last present mile for the at least 80% total claim which is probably about as far as I can go right now.Thanks

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When you file a NOD it is on a decision your receieve from the VA on a certain date. If the decision involves many claimed conditions you still file one NOD. You can say that you disagree with each and every condition the VA made a decision on at the time. You can give your reasons for your disagreement on each rating. If you have separate decisions with differenct dates you need to file on each decision saying you disagree. If you filed for conditions the VA did not discuss you should still file a NOD that includes those conditions. The main thing is to get your NOD in on time. The NOD is probably not going to win your claim for you. It is the start of the appeals process. There is no secret fast way to get claims processed. The idea that each NOD will take one month I don't understand. When you file your NOD you are then supposed to get a SOC from the VA. Then you have a choice about your appeal avenue. Just remember if you get one decision you file one NOD. If you get many decisions with different dates you must file NOD's on each decision. I don't think you can include new claims on a NOD. A new claim is a new claim. You need a new VSO. If you get confused you can file a generic NOD just saying you disagree with VA decision dated xx/xx/xxx. The thing is that one year deadline.

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When you file a NOD it is on a decision your receive from the VA on a certain date. If the decision involves many claimed conditions you still file one NOD. You can say that you disagree with each and every condition the VA made a decision on at the time. You can give your reasons for your disagreement on each rating. If you have separate decisions with different dates you need to file on each decision saying you disagree. If you filed for conditions the VA did not discuss you should still file a NOD that includes those conditions. The main thing is to get your NOD in on time. The NOD is probably not going to win your claim for you. It is the start of the appeals process. There is no secret fast way to get claims processed. The idea that each NOD will take one month I don't understand. When you file your NOD you are then supposed to get a SOC from the VA. Then you have a choice about your appeal avenue. Just remember if you get one decision you file one NOD. If you get many decisions with different dates you must file NOD's on each decision. I don't think you can include new claims on a NOD. A new claim is a new claim. You need a new VSO. If you get confused you can file a generic NOD just saying you disagree with VA decision dated xx/xx/xxx. The thing is that one year deadline.

I appreciate that response. If I don't see any info on this one NOD in 1 week either by e-benifits which should show this or by 800#. I saw info on e-benifits that they needed additional info for a dependency claim-so I over nighted a new dependency form-3 days later the VA decided they had enough info anyway, closed the claim, granted the dependency and attached the retro to my claim. 5 days later it shows a new claim for dependency opened, so I called the 800#, they were going to let the VA know to close that claim. So you think this VSO doesn't know what he is doing. If so I'll fire him in a heart beat and file this myself and just ask questions here as I procede. Was thinking a VSO would defintely help. but appears this guy had other things do. Hey if I just do 1 NOD, I can kick back and relax. This place was basically deader than a door nail, not many vets here compared to the hospital which looks a DMV. By the way I forgot what was a SOC? Also I believe that this VSO submitted evidence that they missed that would have made by cardio claim 60%-not 30%. I don't know what he did as he went in another office, handed me a sealed envelope with a stamp and told me to mail in.

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