First Nod----Need Your "educated Advice" For First Timer

[rootbeer22]

Folks:

Thanks again for everyone that helped me with my recent FDC Claim. Frankly, without many of your advice, I would not have had such a solid outcome of 80%. Currently, I've read everything very carefully in the claim decision letter and I'm moving towards the second stage now of my claim and am working on the NOD for areas that I disagreed with. I appreciate the fact that the decision letter spells out exactly what a Vet needs to have to go to the next level with almost any given contention? Anyway, I know that I have to spell out the disagreements in writing, support with facts or new evidence, use the regulations and then ask/specify for what I should get in terms of a percentage for any given contention? I had a few contentions were sc and I was rated 0% and figure that those areas give me the best shot at success. It also looks as if they missed a lot of my evidence in these contentions and I feel that I can provide a good arguments for increases. I also, know that I should get this NOD completed in a timely manner and many vets miss the window....

Anyway, are there any very other basic, NOD facts, procedures, tips and/or tidbits that I should know about how to write the NOD before I start the process? Are there any good examples or templates to use...? Thanks in advance...rootbeer22...

Edited July 7, 2015 by rootbeer22

[rootbeer22]

Fat:

Found it and it was just what I was looking for....you and this board are so very helpful.....thanks...rootbeer22

[Fat]

I would dispute the "denial letter" with medical evidence.

Also, I think HADIT member Carlie helped a veteran with a NOD and it was excellent.

She posted it as an attachment.

It cited regulations too,

[Fat]

No problem..............

I like your preparation and positive attitude rootbeer 22.

I wish you luck.

[KySoldier]

Hey where did you find Carlie's response ?

Thanks.

[Gastone]

You're giving your NOD serious consideration, early on, very good. Your SC's at 0%, you're already 80% SC you need a New rating of 30% to get a bump rounded to 90%. I would concentrate on any issue by itself or Bilateral that would achieve that goal. Don't get bogged down in the minutia of the NOD Filing, get the file date established. Then concentrate on your evidence, you can add Evidence to your NOD all the way up to your DRO Review, DRO Hearing or the 90 day evidence cut-off letter that you receive just before your actual BVA Hearing.

JUST DON"T EVER WAIT TO GET YOUR N & M EVIDENCE IN TO THE VA, BiiiiiiiiiiiG MISTAKE!

No feelings involved here, do you have New & Material Compelling Evidence that was not in the VA Rater's hands before your recent Award? With a DRO Review or actual DRO Personal Hearing, the N & M Evidence is an absolute "Must Provide" or you're doomed to a Denial of your NOD.

There are no FDC's when it comes to NOD "Appeals." Everything starts with the date your NOD is received. If you are sure you have the "Medical Evidence" giving you a lock on the higher SC %, request a DRO Review, if you need more time to gather your Evidence, go the DRO Hearing Route (2 to 4Yrs) current wait time. Both DRO options should be much faster than opting for a direct to BVA Hearing. If the DRO's come back denied, you still can go to the BVA and if needed the CAVC.

Remember the VA Regulation, requiring the VARO to perform an Automatic Review of your Denial that is "Triggered by the Receipt of New & Material Evidence. This Review is performed by a Sr Rater or actual DRO giving deference to the original Rater's decision. You could get an Award based solely on your submission of the N & M Evidence, or a continued rating at 0%.

Can you opine as to what exactly your reason for disagreeing with the SC 0% are?

Semper Fi

Gastone

[rootbeer22]

kySoldier:

Just type in "Carlie" into the Hadit.Com..google search window at the top of the url page and her various posts will come up and you can sort thru them....good luck...