ptsd Nod

[Guest phubai70]

I visited with BERTA about a month agowhile in NY.

Our talks inspired me to rebut claims denials in March

of this year. I believe the time limit for an NOD is one

year - is thgis correct? I have gathered some additional

evidence in support of claims. I am still trying to proove

nexus. I was never given a C&P exam for the additional

claims. As part of the NOD I will request (demand) that

the VA provide one as I can't afford a civilian IMO.

Does any of this make sense or am I just barking up a tree?

Pointman 2/501

101st Airborne

100% PTSD

[Guest jstacy]

I visited with BERTA about a month agowhile in NY.

Our talks inspired me to rebut claims denials in March

of this year. I believe the time limit for an NOD is one

year - is thgis correct? I have gathered some additional

evidence in support of claims. I am still trying to proove

nexus. I was never given a C&P exam for the additional

claims. As part of the NOD I will request (demand) that

the VA provide one as I can't afford a civilian IMO.

Does any of this make sense or am I just barking up a tree?

Pointman 2/501

101st Airborne

100% PTSD

You do have 1 year to file a NOD. I would personally do it sooner because the VA actually starts over again and it can take up to 2 years to process an appeal. If you take the DRO and then appeal, It can take as long as 5 years. I Know, I have had 1 claim in the system for that amount of time and The RO keeps tellong me it is at the rating board. I would like to see that bord. I bet it stretches from New York to Viet NAM.

[Josh]

Pointman,

Greetings. Regarding time limitis for an NOD--- Wow if memory serves me correctly ( and the memory is getting worse) it may be 60 days.

Others here will surely know more.

Josh

[Guest Berta]

It is a year for an NOD Josh-

it is 60 days in which to respond to a SOC-

I had a great visit with this Phubai hadit veteran-

One thing we discussed is that a good NOD can alter a claim-

What I mean is that in the NOD- the argument can begin- and additional evidence can be attached-

Under the Reasons and Bases -this is the sole focus of the VA denial-

and the narrative should reveal some things that could help the claim.

For example I have a vet waiting for 2 decisions- I looked over his denial on a Sec 1151 and the NOD I prepared just yesterday-

The VA had seemed to recognize the additional disability.

that is I manipulated the NOD to show that the denial did not in any way state there was no additional disability-

In the NOD and then attached to it, I added a statement from a VA doctor that was on his discharge certificate that said basically- his additional problems were caused by a VA screw up-

well- he didnt say that- he said

"laparoscopic repairs of multiple vagal defects secondary to his previous incision for this hemicolectomy".

That is a VA screw up-

Obviously the VA did not note this statement so we highlighted it with a copy and put it into the NOD-

for the disability in question. There was more- a fistula had leaked and further compromised the ventral hernia. He had an enormous stomach wound from the additional corrective surgery and we sent the NOD with a letterhead of a picture of him with no shirt on (it was pretty gruesome- a real attention getter)

Another example-

My kid was awarded one month under Chapter 35.

She had sent her DD 214 and her Chapter 35 award letter with the app.

She was due to turn 26 in June and they stated that she was only eligible for one month of Chap 35.

We filed a NOD immediately-resending everything above and the regs that say military service extends Chap 35 -

three weeks later she got her proper Award letter for 7 years plus one month of Chap 35.

I have a vet waiting for an attorney fee agreement to be straightenthed out.

We filed a NOD- the VA letter said they proposed to pay two attorneys over $7,000 (I had helped him with his claim and he got around $40,000 in retro (we filed NOD on that too- they forgot about $100,000)

The regs for attorney fee payment were quoted in the letter but I double checked them via the CFR.

The regs said "continuous prosecution" was one of five conditions for payment.

One of the lawyers had been on an extended leave of absence from the firm-not continuous prosecution.

I put that into the NOD.

Then I looked at the dates of the proposed fee payment.

The veteran had filed with CAVC many years ago and the claim went no where- was dismissed-

he had no representation at that time.

The veteran then filed with the CAVC under these 2 attorneys but -long story-

we found new evidence and he was awarded under a BVA remand some months ago.

I sent with the NOD on the attorney fees, this information and included copies of the two CAVC docket sheets so they would know they were charging him for representation on both issues but the lawyers were only involved in one issue and at best-only one of them had done anything-a few letters-

and nothing came through from their representation that got his claim awarded-nothing-

yet he had signed a fee agreement.

Point is - I laid out the argument on the fees in the NOD and provided evidence for the veteran's position.

I am appalled out how some SOs can write a NOD without any particulars at all that could help the claim-

Just to state that you disagree and intend to appeal- seems to me-letting a chance go by to continue the claims process better.

If a NOD with more evidence doesnt turn around the decision it will generate a SOC-

the clues will be there- an expanded statement of the denial-

and the more VA puts on paper the more you can hold them to.

An SOC also means that someone had to actually read the evidence in order to prepare the SOC-

I got an SOC and then two SSOCs for one of my claims years ago before I succeeded.

What was crap in the SOCs at the time,-ten years ago- I am now using to support a present claim.

Two statements from a VA doctor - going against that claim- are now quite probative to a newer claim.

Glad I have saved everything. I am holding the VA ten years later to those statements.

I say begin the argument with them as soon as possible-

to draw out what they have and then you know how to combat it-

I have a claim here for a local veteran-

I have the NOD already envisioned -if the claim is denied-

But we sent the regs with the NOD, referred to the VA med recs, and his SSA award, and have already ruled out any other known etiology-as far as a C & P examiner goes-and I put that fact into the claim.

Sometimes you have to say-what if I am the VA adjudicator- how can I get out of this claim-

and that will give you some idea of what you need to succeed.

Edited November 6, 2005 by Berta