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NOD Advice - All Evidence Up front?

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rootbeer22

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Vets:

 

When you file for your NOD with appearance before a hearing, do you have to provide all evidence up front with the NOD at first , or can you wait for the hearing?

 

Rootbeer22

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Vync:

You're awesome, and the advice  is very useful. I did not have a very good experience with my VSO and fired them soon after I filed my claim. Frankly, it really soured me on them but I know there are good ones out there as well? This is my first NOD  and I know that it's going to be a long time before I get a hearing. I'm at a low 90% and hope this will get me over the 100%. Also, I'm getting the point where it's hard for me to go to work and the extra compensation can help get me to that point sooner. I screwed up my whole strategy when I did not go and get my IMO/IME's --but based upon what you are saying, I may have more time prior to any hearing to gather additional evidence? I know that the basic [remise is new evidence and that's what I'm coming up with I'm within 2 weeks of my deadline and will send out the letter tomorrow to preserve the date. I've been waiting for my C-file for 11 months and still no-show. I'm going to send a letter to the VA Office of General Counsel that tomorrow that states I want appeal to the Department of Justice DOJ to appeal the FOIA. I used to be a Federal FOIA Officer and know that if I push for DOJ involvement they will expedite my C-File Request. I just don't want to be hostile or antagonistic which is counter-productive. So far, I have been successful with my claims and want to stay with that same pattern.  One of my big issues is that over half of my smr's are hand-written and "all' of the evidence is there but they are just not using it. So, I have use new evidence. However, if I had my C-file and the CP exams, I could make a much more effective case...   Overall, I believe that if I can get in front of a DRO, that I can do very well. My focus and lack of concentration issues are really hurting me at this point....to get this done properly..

So, I don't got ahead and fill out a form 9, I have to wait for the VBA to send it to me first..correct?

 

Thanks again and Godspeed Rootbeer22

 

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Vync:

I have another  question, when I Look at my original (first) claims decision package there are two dates. One is the cover letter of  and the second is the decision letter. My assumption is that the second letter is the date for the NOD and not the cover letter?

 

Rootbeer22

 

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"I believe my Q is pretty straight forward."....it is..."if you have the evidence that supports a higher disability rating at what point in this process are you asked to produce that evidence?"

Yesterday.*

"I did not include that evidence when I submitted NOD?  All I submitted was the form, disability, and the applicable amount I sought based on VA criteria for a higher rating.  I did not see where it said to include the new evidence. "

You should have received a 5103 waiver letter telling you exactly what the VA needed.

* What I mean by 'yesterday' is that evidence should be sent in ASAP.

I always attached evidence to my NOD and referred to it in the NOD telling them, with 'evidence attached' why I disagreed and why they were wrong.

The very first NOD I ever wrote (an NOD is the first avenue of attack) was for my husband, They had proposed to lower his PTSD comp from 30 to 10%.They dropped the reduction idea.

It is funny now and I still remember that NOD-it was a doozy.

But the proposal came on Dec 24th and the decorated Christmas tree went flying out the front door when my husband read their proposed reduction letter.

10% for PTSD??? 10% my ass.The restored 30 went to 100% P & T SC PTSD  3 years after that.

If they never told you what evidence they needed to have that is a violation of the VCAA.( the 5103 waiver)

I used the same  regulations that they used in the reduction proposal against them and then I used  plain old common sense.

The NOD I did for my daughter ( she said I raised CUE as well ) within three weeks completely reversed a ridiculous decision she got from VA Educational Department on her Chap 35 application.

VA Educational department sometimes  is an oxymoron.

They couldn't even read her DD 214. Her 7 years of Military service extended her Chap 35 EED. It has the regulations right on the form she filed and she attached her DD 214.

If VA violated your VCAA rights (possible) and never sent you a proper 5103 Waiver, that is a different story.

On my last 5103 where they asked for any additional evidence I reminded them of what I had sent in, already, by date,  and my USPS tracking Number for each piece, then brief description of each piece of it.

I had no additional evidence to send  because they already had it all.

 

Edited by Berta
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Berta.....when the VA sends a form letter saying a DRO will review your VA Claims file in seeking a disability increase....does that mean they will research all applicable existing VAMC treatment records....... and if they realize that criteria has been meant will they issue a decision sooner than an actual DRO Hearing date, which has yet to even be determined.  At this point they have received no evidence provided by me.  I have never heard of a Form 5103 nor seen one from VA as yet.......just a form letter saying they received my request for a DRO Hearing.  Thanks.  Wayne.

Edited by Wayne TX
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Berta:

Based upon your last post, please remind me never to irritate you-ever! It's awesome to have someone with your knowledge to get advice from at hadit.com. I'm floundering a bit with my first NOD as well and think I'm still OK? I was just going to get new IMO/IMEs but that did not happen for a lot of reasons. Today, I looked at my first claim (80%-then a couple more contentions to now 90% ) and most of contentions were either Approved, deferred or SC'd at 0%. However, on the second go-round  of the remaining  deferred contentions  almost everything was denied? It was about the time last fall VBA had claimed that they were going to get the claims backlog down? So, I have a little more time than I thought on the NOD and think I'm now  past being able to appeal three minor contentions form the first claim -past the 1 year mark it appears(very stupid on my part.)  I just got approved 10% for Residuals of TBI ---but I'm having a very difficult time concentrating and focusing and memory lapses. Anyway, I'm going back now to look at all of the hadit.com forum input on NODs to get smarter. Right now, I feel very unprepared and need to hit the hadit.com books aka forums to figure this stuff out..anyway thanks again for your wisdom. I made some rookie mistakes on some of my original contentions by not being clear about what they are? For instance my now fired VSO listed prostatitis as "groin" injury which begged to be denied. Me being a novice, she said, "don't worry, the VBA  raters figure all this stuff out for you anyway"? Now< more experienced, I know that you have to make it as easy as possible with evidence and nexus to come out a head.

Godspeed...Rootbeer22

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  • HadIt.com Elder

Send in any evidence you have when you submit your NOD...IF Your granted a DRO Hearing   take copies of the evidence you sent in with your NOD Form...incase the DRO Don't have it (that happens a lot)

Also take any new and material evidence to your Hearing, go to your hearing well prepared. if you get a UNFAVORABLE  DRO Hearing you can request another hearing with a Different DRO.

As for as how long it takes to get a DRO Hearing? it depends on your RO how many Hearings are scheduled before yours. each RO Is different and run on different times to scheduled a Hearing.

Usually the RO send you a letter letting you know they have granted your hearing and give you the date and time it will be.

if you can't make it they can reschedule  but you better call them  or they will deny your claim.

Click on this link & read about DRO Hearings!

http://www.nolo.com/legal-encyclopedia/using-the-vas-decision-review-officer-dro-hearing-

process.html

 

.........JMO

.................Buck

Edited by Buck52
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