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Question About Nod

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Woody7810

Question

On april 12, 2009 my claim for TDUI was denied because I was able to work. Since that decision I lost my Job.

On March 31, 2010 VA received my NOD for unemployability. I applied for Voch. rehab. and at my group orientation on May 5, 2010 I was going to be refered for ILP.

July 12, 2010 the Rehab Counselor sent me a letter which reads; Your Service Connected Disabilities have contributed to impairment to employment. However, I have determined that you will not benefit from an employment outcome. Your doctor has indicated that it is not in your best interest to work and you have made that decision as well. This letter was put into my file and sent to my DAV rep.

My DAV rep ask for a DRO review and the VA dated this on July 14, 2010.

I received an IRIS response and it states all of these dates, but, also says my NOD has not been reviewed. It has been 8 months, Will this be a long fight for me?

The reason I ask, I saw a recent IG inspection report done on this regional office in June 2010, and it states the average length of time for the receipt of a NOD to an SOC is normally 127 days, which is better than average across the nation which is 208 days.

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On april 12, 2009 my claim for TDUI was denied because I was able to work. Since that decision I lost my Job.

On March 31, 2010 VA received my NOD for unemployability. I applied for Voch. rehab. and at my group orientation on May 5, 2010 I was going to be refered for ILP.

July 12, 2010 the Rehab Counselor sent me a letter which reads; Your Service Connected Disabilities have contributed to impairment to employment. However, I have determined that you will not benefit from an employment outcome. Your doctor has indicated that it is not in your best interest to work and you have made that decision as well. This letter was put into my file and sent to my DAV rep.

My DAV rep ask for a DRO review and the VA dated this on July 14, 2010.

I received an IRIS response and it states all of these dates, but, also says my NOD has not been reviewed. It has been 8 months, Will this be a long fight for me?

The reason I ask, I saw a recent IG inspection report done on this regional office in June 2010, and it states the average length of time for the receipt of a NOD to an SOC is normally 127 days, which is better than average across the nation which is 208 days.

What are your Sc'd conditions. Also, did you lose your job as a result of the SC'd conditions, if so it would benefit you to have your former employer write a letter stating as such. As for your NOD as long as they acknowledge receiving it and you have a time stamped copy to prove you submitted it you're ok. Also, you cannot expect any kind of time line for a claim, the complexity of the claim can impact the length of time a claim takes to settle.

JMO,

Bergie

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Thanks B. My job lost was a combo of my sc disabilitys and a large layoff ( Union Job ).

MDD 50% SC

Bilaterial foot condition 10% each foot

left leg radicopathy 10%

L3-L4, L5-S1 Disc Hernitation 10%

Total 70% SC

I think my age has to due with the decision from Voch Rehab. Since my discharge in 1980, I have done Manual Labor manufacting work. No college

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I checked e benefits and I see a decision was made on this claim. Tried calling VA but no answer.

I finally got a hold of my DAV rep. and was told no decision was made, it is now with the Judicial Branch. I did some research on this and it looks to me as they only follow the guideline that the legal interturaption of the law is applied.

Is this a normal process in the appeal producure or like SSDI quailty review board once a decision is made random claims are picked to ensure accuracy in the decision of the claim?

The appeal decision on e benefits was moved from Current appeals to Historic Appeals.

Thanks

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  • HadIt.com Elder

It's been 15 months since I filed the NOD and had a C&P. No SOC has been issued yet.

Was informed it would take 3 years before I receive an SOC.

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  • HadIt.com Elder

Allan I would start on a Writ of Mandamus. Three years more or really 4 and 1/2 years to do a statement of the case is outrageous even for the VA.

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I agree with Pete.

Why does the VA take 3 years to write a SOC? Because they can. Let em know that wont fly by filing a Writ. We need to remember the VA will spin you around the hampster wheel for as long as they can get away with. Most of us did time on the hampster wheel. I think it was Alex Humphrey that said 18 months was long enough and time for a Writ.

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