[File a NOD nor or wait for pending MEB?]

8 hours ago, Buck52 said:

If and when you file the NOD send in any new evidence you think that will support your claim (usually medical records and Dr's reports/opinions  ect,,,ect,,) you may not need a DRO?

If you think you need a DRO then when you file the NOD this is a good time to request one...the DRO should send you a letter letting you know the location and date and time for your DRO Hearing. 

I plan on having it in 2 weeks before the deadline so I can verify it’s there. I hope to have enough evidience a denovo(sp?) might be an option.

[File a NOD nor or wait for pending MEB?]

13 hours ago, Berta said:

The NOD is your first avenue of attack.

It is the most important document you need to file, after a denial ( or in my case, even after award decisions came.)

Keep it as short as you can-and refer them in the NOD , to the attached evidence, that supports every disagreement you state..

One thing I have always done....is to review whatever I send them and edit ,often many times,it to be as short as possible.Then I always take a break from it,for a day or two, more if possible,  and review it again.,to be sure it covers the issues well.

I have never sent a NOD without evidence. 

I have been in touch with an attorney and plan to hand all of it over that way. Brevity is not my strong suit, I would probably write a novel.

I am looking into an IME as well to firm everything up. I think the injury is proven and repetitive doctors visits since injury help. I think an IME will the final piece for a nexus.

[File a NOD nor or wait for pending MEB?]

2 hours ago, vern2 said:

 I think DRO is way to go, but this is just based on my experience and the many errors that rater made in the initial decision. I did have a CUE going at same time, but since awarded 100% for same thing, I dropped the CUE. It was moot at that time.

Did you go through your exam line by line and list out every error or just an overview? I feel mine has 1 error that would meet the CUE standard, maybe 2. I think if I went line by line over each error or issue it would end up being 10 plus pages and won’t get read.

i was denied service connection so I am thinking its best to confine the NOD to connecting those dots or am I wrong?

[File a NOD nor or wait for pending MEB?]

7 minutes ago, Berta said:

I think someone, not here, told you that  you cant have two issues at once with the VA????

The MEB and the VA claims issues are separate- in that respect the MEB will help the VA claim-

You are correct, I was told you could not have both going at the same time. Reading what you posted makes filing the NOD the course I am going to take. 

I have sent sent one email out regarding the cost of an IMO and one to an attorney. As I mentioned earlier I am hoping to try and get it accepted at the DRO level. 

[File a NOD nor or wait for pending MEB?]

4 hours ago, vern2 said:

The MEB process may drag on for some time, file the NOD! What you have heard is just not true. Good luck!

I am thinking I may just file the NOD, I am reaserching attorneys now. If I do file the NOD I want to increase my chances of it being accepted the 1st time.

 

2 hours ago, Buck52 said:

If this veteran has been denied his claim in early 2017 say Jan or Feb,...then he only has 2 months left to file his NOD...We all get that  but what is confuseing he said he filed his NOD  THEN SAYS HE HAS 2 MONTHS TO FILE HIS nod...which one is it?

 

IF HE HAS BEEN DENIED  HE NEEDS TO FILE HIS NOD AS SOON A SHE CAN AND SEND IN ALL HIS NEW AND MATERIAL EVIDENCE  AND NOT WAIT ANY LONGER...2 MONTHS TO FILE A NOD IS NOT GOOD IF HE HAS HIS EVIDENCE...WHAT IS HE WAITING FOR? TO FILE THE NOD?

My apologies, I think I did a poor job of explaining. I filed the intent to file in Jan 2017. I submitted the actual claim in December of 2017. My claim was denied Feb 2018 so I believe I have until Feb 2019 to file a NOD.

I “think” I have all of the evidience I need. I think I could file the NOD and be successful with the claim. I have held off debating on whether to file or not because of the pending MEB. 

 

I think I will file the NOD and I am researching attorneys that can take this on. I think I screwed up in filing initially with what was claimed. In retrospect I would have done it differently.

 

i haven’t gotten bad advice in the responses and I want to thank each of you for responding.

[File a NOD nor or wait for pending MEB?]

4 hours ago, Berta said:

The LOD can support the NOD- I would, if I were you, file the NOD and refer them to the evidence you mentione above- the LOD, the DBQs , and by all means aooeal in the NOD this BS:

"glaring factual misstatements from the VA examiners report. "

"Most of the evidience is new from the original claim."

Can you scan and attach the denial you are Nodding? Cover  file # and name prior to scanning it.

Part of the delay in submitting the NOD was waiting for the corrected LOD to get finished. The 1st was very general, the corrected version has specific diagnoses and ICD 10 codes.

Factual misstatements like Va examiner saying test showed “recouped” when test said “resolving” and listed two diagnosis and listed two congestive impairments, one mild, one moderate. None of which was mentioned by VA examiner.

New evidience being 15 or so doctors visits with notes, since I filed the claim, 2 new DBQ’s and the new LOD. It is all a continuation of what I submitted to the VA and claimed.

I will try and get the denial scanned and uploaded later today. 

 

[File a NOD nor or wait for pending MEB?]

If I do file the NOD I will submit my evidience with it. I have had to wait for appointments and documents to submit. I have had DBQ’s done, multiple doctors visits, etc since. I have held off until these came through, they just took a while and I started late.

[File a NOD nor or wait for pending MEB?]

10 minutes ago, Buck52 said:

Okay

how long since you filed the NOD?  10 months ago??

If you only have 2 months left on the NOD  then you need to get a move on your claim.

I have not filed the NOD yet. I have 2 months left to do so if I go that route I think. 1 year from the date of the denial letter to appeal with a NOD is what I though I read. 

[File a NOD nor or wait for pending MEB?]

I filed the intent in 2017, and my claim in 2017, my claim was denied in the beginning of 2018. I am currently in the one year period to file a NOD.

[File a NOD nor or wait for pending MEB?]

6 minutes ago, Buck52 said:

Not sure what you mean by MEB?

  but if your ITF has run 12 months and you only have 2 months left on your NOD  you need to get busy and work your claim

Medical evaluation board. It looks like I could be found unfit, separated. If so I have to go to the VA for the items I had claimed and they denied service connection as part of the process.

I have 2 months left to file a NOD. My claim was denied Feb 2018 so Feb 2019 is when I have to have it in by I think. The intent to file was In 2017

[File a NOD nor or wait for pending MEB?]

I have about 2 months left before I have to submit a NOD or my claims decision becomes final. I filed an intent to file on my own within a year of coming off of Active Duty and the actual claim 20 months after I came off and was denied service connection. It looks like I am going to going through an MEB now on the Guard side for the same issues I claimed. I have always heard you can’t have two things going on at once so I don’t know how to proceed. Continue with the NOD or let it finalize and wait for the MEB?

I think I have a good shot at the NOD via DRO process. I have an LOD that service connects it and doctors visits every couple of months from active duty until now that show symptomatology. A couple of recent DBQ’s as well and some glaring factual misstatements from the VA examiners report. Most of the evidience is new from the original claim. If I go the NOD route I will probably look for an Attorney and go that route. 

Any advice is welcome!