ptsd Nod Notification, Dro Hearing

[Tower_Rat]

Funny, just received word the other day that even though I have sent in numerous (4) copies of my NOD to the DRO for PTSD claim They still say they haven't received it. My lawyer who is my POA has also sent them copies of it and yet they still say that they haven't received it. The call came for my DRO hearing and I asked about everything that I have filed for that they have so I could cross check and make sure. The whole reason that I am going is for the lousy low ball award that they gave me for PTSD the first time. So now the DRO says that I can just bring all that up at the hearing because they say that the NOD will expire in DEC so there is plenty of time from the year that I have to file for it. What gives with this? It seems like they are just totally ignoring my NOD, The person on the phone told me that because of the volume and the problems they have with there computers that things sometimes dont get into the system the way they should. Funny that the same paper that they received from me had all the other stuff on it about other claims just didnt get the main thing I am NOD'ing. So i guess the question it brings up is why would they do this. Ya think its because the evidence I presented stated that I was permanent and total from the get go years ago when I first filed? Why do they hold up all my other claims just to adjudicate them all at the same time including a dependency claim that should go right through. They are already almost 4 months late on it right now. All they tell me is get this" You may get adjudication on your other claims before the hearing" If they are not positive then maybe you can address those at your hearing" "The reason for this is because it is two individual teams that actually adjudicate the claims and that one wont be able to take the other into consideration. Kinda like when they tell ya the files been pulled and it went to the rating board and then the appeals team pulls it from there to research something else then it goes back to the rating board again. Forgive me if I am rambling but, doesn't just seem like they are wasting to much time? Tp make a long story short I am going to have to have all the evidence of when i sent them the NOD since they state that they never got it and that my hearing is basically on everything but, what I'm really going there for in the first place. Its all stamped received by the VA and the date on every one of em. B)

[Berta]

Sounds like my RO-

I used to fax evidence to the director.They kept losing the good stuff.

When I started to send it to Sec Jesse Brown (1990s)with a CC to the RO they started to keep better control over it.

Since you have time on the NOD why not just bring a copy to the DRO hearing?

Then again- a NOD should be very specific as to what you are Nodding-in a specific decision:

"Funny that the same paper that they received from me had all the other stuff on it about other claims just didnt get the main thing I am NOD'ing"

They might have been confused and did not know it was a NOD.

I suggest vets should put under their name and address

NOTICE OF DISAGREEMENT

in bold caps and then state you are disagreeing with a RO decision dated_____ and then tell them why.

Regarding the low ball PTSD rating- make sure you bring them medical evidence that you fall into the higher rating category on the Schedule of Ratings for PTSD.

will your lawyer be at the DRO hearing with you?

[jbasser]

Tower rat, If you are able to, call the VARO and tell them you want to review your claim folder along with all the evidence inside. You can take the addditional evidence with you. I bet you find it in the file.

The bottom line is: Go see what they have before the DRO hearing.

John.

Edited July 13, 2007 by jbasser

[Tower_Rat]

Hey thanx for the answers and support!! Yes my lawyer is coming with me thank God!! and its so pathetic that the RO couldn't see that I had an NOD for the PTSD it was written up actually by the VSO on a VA Form 21-4138 and they typed at the top it looks like this

***** NOTICE OF DISAGREEMENT*****

Thank you very much for the disability award for my PTSD condition. However, I request a review of your decision based on all of the reasons to which i refer in the attached paperwork. (5 pages) dated 12/18/06

You would think they could call that a notice of disagreement, i sent in a bunch of copies and they still said "we don't have that" Your right though i'm going to take a copy with me to show them.