My Nod For Forum Review.

[SpcDearman]

Here is what I will be sending on Monday. i want to have the entire weekend for you guys to opine.

TO: Department of Veterans Affairs

This is a Notice of Disagreement with your rating decision dated 11-1-12 which denied my claim for bilateral shoulder, bilateral knee, and lung condition . I request my claim be afforded a de Novo review by a Decision Review Officer and a Statement of Case (SOC) be prepared and forwarded to me. I also hereby request all copies of my Service Medical Records to be used for review by my private physician.

Thank you.

Disgruntled Vet. (ok i might put my real name here lol)

[broncovet]

In the "Pending claims doctrine" article, I cited below, they say it this way:

II. OVERCOMING FINALITY

When a VA Regional Office (RO) renders a decision that is

not timely appealed by a veteran, that decision becomes final.

18

This

is important for determining the effective date when a subsequent

THE EVOLUTION OF THE PENDING CLAIM DOCTRINE

5

claim for the benefit that has been denied is granted. Once there is

a final RO denial of a claim for service connection, there are only

two ways to overcome this finality.

First, a claimant may seek to have the claim readjudicated by

submitting a request to reopen the claim based on new and material

evidence; when such new and material evidence is received, a claim

must be “reopened” by VA and readjudicated on a de novo basis.

19

However, when granting a petition to reopen, and granting the

benefit after de novo consideration, VA cannot assign an effective

date earlier than the date of receipt of the petition to reopen.

20

Second, a claimant may seek revision of a final RO deci

end of article quote.

.........and they go into "CUE" as the second exception.

[SpcDearman]

I appreciate the debate but you guys took a load off. heck, I thought it had to be filed within 90 days lol. Whew... I am at work for a bit now but when I get home I want to copy my C&P medical opinion that i received. It made me laugh hysterically.

[deanbrt]

I agree with Carlie on the SMRs. You will be lucky to see them in 3 months. They will likely turn it into an FOIA request and may make it a claim, which could really push it out...

[rdawg]

I stand by my original statement. If you have new evidence and submit it (within the NOD timeframe) the va must consider it. If they issue a new decision that still denied the claim then the NOD clock starts again and the original EED is retained.

[Philip Rogers]

I stand by my original statement. If you have new evidence and submit it (within the NOD timeframe) the va must consider it. If they issue a new decision that still denied the claim then the NOD clock starts again and the original EED is retained.

I have to agree. Frequently, the VA will send a letter requesting additional evidence and stating that if no evidence is received within either 30 or 60 days they will make a decision. They do that even tho the claimant has one yr, from the date of the claim to submit evidence. They then make a decision.

Any evidence received after that requires the VA to redecide the claim. They rarely do, unless the claimant brings it up. That receipt of evidence extends the finality of the decision and the NOD clock starts again.

There is also something about "the claimant is assumed to be seeking the maximum award and if not awarded the claim is considered to be under appeal" but I'm not sure if this is still in effect. jmo

pr

Edited December 22, 2012 by Philip Rogers

[carlie]

I stand by my original statement. If you have new evidence and submit it (within the NOD timeframe) the va must consider it. If they issue a new decision that still denied the claim then the NOD clock starts again and the original EED is retained.

I believe that when this "new evidence" is submitted and considered,

the claimant can also wind up receiving an SOC that provides for 30 or 60 day response timeframe.

When this happens a new NOD clock of one year would not start again.