This is a copy of the NOD that I prepared. Denied IU
Please accept this Statement as my Notice of Disagreement (NOD) with your decision which denied my claim for increased compensation due to Unemployability dated Jul 8, 2008
I am requesting a DRO review of your denial.
i disagree with your decision for the following reason:
You stated in your lasrt paragraph"Our letter to you dated Jan 9,2008 requested that you complete and return VA Form 21-8940, Veterans Application for Increased Compensation based on Unemployability) to date, we have not received it. Therefore, we have denied your claim as the information requested was crucial to our decision."
The first time I sensdt Form VA 21-8940 was on July 9, 2007 it was received at the VARO on Jukly 11,2007. I have enclosed a copy of the return receipt from the USPS signed by -----Dated Hyly 11,2007
The second time I sent VA Form 21-8940 was after I received your letter dated Jan 9, 2008. I have enclosed a copy of the return receipt from the USPS signed by-----dated Jan 31,2008.
I do realize that at times items get lost. So I will re-submit my evidence to support my claim which was never considered including a NEW VA Form 21-8940.
Since it appears the reason for denial was the absence of the VA Form 21-8940. I hope that once you have the required information you will reach a favorable decision for my request for Increased Compensation due to Unemployability.
I have enclosed the following New and Material Evidence for your consideration
1. VA Form 21-8940 with statements attached
2. VA Form 21-4192
3. letter from ------ my former customer
4.Declaration from Wife
5. Letter from ------ L.C.C.W.,B.C.D. and Dr. -----M.D.
6 Copy of return receipt dated July 7, 2007
7Copy of reurn receipt dated Jan 31, 2008
What do you think?? does it sound OK
Thanks
Rich