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racemech

Multiple Nod's?

Question

I was just going to file a NOD regarding a March 2010 Rating Decision, when the VA popped up and sent a new response to an earlier (June 2009) NOD that I thought had expired. The VA had sent me a letter in December 2009 stating that the NOD was denied and the decision stood. I did not pursue the original NOD because I had bigger fish to fry with my conditions. I had decided to pursue a new NOD regarding a decision resulting from a C&P exam that had missed several secondary conditions resulting from VA surgery and VA doctors diagnosis. In short, I want to know if having more than one NOD in the system will cause complications?

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You file NOD's on separate decisions. If you get a decision you don't like file a NOD. If you get a decision and don't file a NOD your appeal dies.

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I was just going to file a NOD regarding a March 2010 Rating Decision, when the VA popped up and sent a new response to an earlier (June 2009) NOD that I thought had expired. The VA had sent me a letter in December 2009 stating that the NOD was denied and the decision stood. I did not pursue the original NOD because I had bigger fish to fry with my conditions. I had decided to pursue a new NOD regarding a decision resulting from a C&P exam that had missed several secondary conditions resulting from VA surgery and VA doctors diagnosis. In short, I want to know if having more than one NOD in the system will cause complications?

No, I don't think multiple NODs is a problem. When I submit one, I make sure I reference which decision and issue I disagree with, but I often come up with other reasons for my disagreement after I've submitted an NOD. I just write it up and fax to the RO and keep the fax with the original NOD.

It may be water under the bridge, but for future reference, I would take a moment to write up a two line statement when I received any negative correspondence from the RO. Just say that you disagree with their conclusions and you want to continue your appeal. Fax it to them and then it's on the RO to let you know what they want from you to continue the appeal. They are usually so slow that you can count on big chunks of time between any activites required from you.

Just my opinion :)

sheila

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if you lose your NOD's, you can combine them in the DRO hearing process..

or the BVA process..

until then.. they can be seperate.. at least that is what I have learned..

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