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john49

Timing A Dro Request?

Question

I received a rating decision dated Sept 22, 2010 granting 30% PTSD. I already had 10% tinnitus, 0% hearing. On Sept 29 I submitted additional information on the PTSD claim and asked for a reconsideration of the 30%. The RO has been pretty quick with handling everything so far. Question: Do I have 60 days from the original rating decision (Nov 21) to request a DRO or would it be 60 days from a response to my request for reconsideration? Thanks

John49

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You have one year from original decision to file a NOD. In your NOD you can ask for a DRO Hearing or Review. As soon as you get the decision the NOD clock starts to tick. The NOD is the first step in traditional appeal process. Your reconsideration request is inside the time limit for a NOD. If you don't get a decision on your reconsideration before the year is over you have lost your appeal rights. They don't tell you that. Sept 22, 2011 is a big date for you.

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So, after filing a letter saying that In NOD-ing, is there something that happens after that that acknowledges their acceptance of the NOD, or do I just send it on in with my evidence?

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When you send in the NOD the VA is supposed to send you a statement of the case. This is the VA's case regarding how and why they have reached their decision. Now you shape your appeal on the SOC. They have to tell you why they did not give you the maximum benefit requested. You can then go out and get more evidence to rebutt the SOC. The VA gives you the path to overcome their decision.

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Thanks John999

So, the reason for the Decision in the Decision letter is not what I use to fashion my NOD? I have one done up, but based on the Decision Letter. Im tipping my hand then?

i feel they overlooked propensity of evidence from various providers going back to 2001-2002 with notes/etc from when I was still on active duty up to now with my own doctors examination of me vs. the C&P exaiminer PA saying there is not enough for her to make an opinion, and 1 EMG that shows my left extremities don't have nerve damage-but my rt extremities are rated 10% with no EMG with the same symptoms (mild incomplete paralysis/Radiculopathy depending on which part of the decision you read). Everything I have to support the NOD is stuff they already have.

When you send in the NOD the VA is supposed to send you a statement of the case. This is the VA's case regarding how and why they have reached their decision. Now you shape your appeal on the SOC. They have to tell you why they did not give you the maximum benefit requested. You can then go out and get more evidence to rebutt the SOC. The VA gives you the path to overcome their decision.

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broken,

Yes, you form your (argument) NOD (Appeal at VARO level) according to the Evidence and Reasons and Bases

Sections of the Rating Decision.

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