I Need A Battle Plan.

[Scout Swimmer]

I sent a letter of reconsideration in and was put on Administrative Review. On e bennies it says Under Review. I have been told when you file a NOD, you are on a time table with the VA. My question is, is it the same with a letter of reconsideration? Am I now on the clock? I just want to make sure I don't forfeit any options because I miss a timetable I'm not aware of. Any help on suggesting a next move would also be greatly appreciated. Thanks guys.

[71M10]

Your reconsideration/administrative review does not stop the clock on your one year time limit to file a Notice of Disagreement (NOD).

[Scout Swimmer]

Ok, so they are not the same thing? So if I file a NOD in 8 more months and I don't get a agreement in time for the one year mark, do I still have a right to appeal since it would be over a year since the denial?

[Navy04]

Phil,

That's right. I am going to file an NOD soon as I was Medically retired Feb 2013. I currently had an FDC in that I filed in Sep 2013, and my NOD wont affect it. Good luck and keep us updated.

[63SIERRA]

The way I understand it, the NOD doesnt really do anything anymore but let them know you disagree. It used to signal request for appeal. Now you must send in the NOD form and either write on the form, or an attached form, exactly what it is you want to do. I filed and NOD and requested a REOPEN, based on fresh evidence.

Im watching the one year clock very closely. If they dont decide my claims properly by the 11th month of my one year period, I will first file an urgent request via signature confirmation mail, and if still no answer, I will request an appeal thru the court.

I figure if they cant figure in out in 11 months, they arent going to figure it out, and I might as well get in line at the court of appeals.

Im trying to keep my claim at the RO and stack up evidence until they approve. If it comes to a point where I see they just wont approve, it will go to appeal.

[71M10]

The first stop of an appeal after the RO is the Board of Veterans Appeals (BVA), you do not go to the CAVC until you have a BVA decision, and there is an entirely different proceedure to continue your appeal to CAVC (which I have not researched - not anyway near there yet).

The regulation has not been changed in regards to the new "NOD" form. It is a change in process but the change has not been officially made. They will try to push you onto the form, at present, anything that has been submitted in a letter expressing disagreement with a decision should still protect your appeal rights (this will change, when the new rule is completely approved promulgated). If you did not indicate in your NOD whether you wanted a DRO or traditional appeal, the VA will send you a "appeal Process Request Letter", where they ask you to indicate the DRO process or traditional appeal to the BVA.

The NOD needs to be postmarked within the year of the original decision (unless it is a claim contested with a 3rd party [RARE] then the requirement is 60 days). If you miss that year mark (and do not have an extension) then in a sense you are filling a request for increase and will lose your original claim date. You can request an extension of the NOD time limit, and I could see that the VA is reconsidering could be a good reason for an extension, but I wouldn't trust VA to process anytype of request in a timely manner (standard or non-standard).

Best regards,

Edited January 21, 2014 by 71M10

[71M10]

Phil, I saw in another post that you have a rating for TBI, during the injury that caused your TBI did you receive physical trauma that may have hyperextended your cervical spine? A nexus may be able to be made that a physical injury damaged the ligaments and muscles and the DDD is the result of these injuries(additional wear and tear because of soft tissue damage). You would need a medical exam and nexus letter but it is one possible avenue to explore.

Best regards,