hypertension Two Files In Va-nod & Eval(reopening Of File); Have Questions

[bob_abad]

Hi,

Need advice..

I have two files w/ VA @ the moment:

1. NOD for "Hypertension"(from AO long term effect). I was approved 40% SC for "DMII"

2. I also have an Evaluation of service connected disability rating for "Tinnitus" & "Sleep Apnea"

I was informed by VARO service rep. that is was okay to submit both claims. Been 3 months now.

Questions:

>Does NOD have priority over Eval(reopening of my file for SC disability rating)? Called in last week, all they said was both claims are entered in their system.

>How can I acquire a more detailed information or status of my claims?

Thanks in advance!

[Berta]

I dont know what RO you are at but the Buffalo VARO does not read NODs until a year has passed upon their receipt.

Your HBP must be medically associated directly to your diabetes. Otherwise VA will say it is "essential HBP"and not attributable to DMII.

Do you have any atherosclerotic involvement to your arteries in your brain or heart?

I hope not but this too is evidence of HBP due to DMII- as the association of diabetes to atherosclerosis ois medically sound.

If you are still within the NOD year period and can obtain a medical statement that associates your DMII directly with your HBP-as the etiology of the DMII- you could send it to the VA asking them to reconsider that prior decision that denied the HBO as service connected and this might be a little faster than waiting for them to read the NOD.

There is info at hadit involving filing a Reconsideration Request.

I filed one some months ago that they say they are actively working on.My NOD was also filed within the year NOD period.

Edited September 10, 2007 by Berta

[mobie16r]

To find out the status of your claim,you can call 1-800-827-1000 or you can email va at https://iris.va.gov/

mobie

[Ron II]

I was surprised to read and learn that " I dont know what RO you are at but the Buffalo VARO does not read NODs until a year has passed upon their receipt." (quotation by Berta)

How do they justify just sitting on a NOD for that long?

Manitou Sprgs

[Ricky]

Normal processing on claims at most RO's is completion of all new/other claims prior to conducting any work on appeal actions. Most RO's are currently at a 12-18 month time line on any claims actions. If yours has only been in the system for 3 mos you have a ways to go. Sit back relax and get on with your life. One day you will get something in the mail. At that point you can began to fool with the claims again. Trying to do anything else will run you crazy.

[Pete53]

Don't forget that when a NOD sits for a long time you still have to get the Form 9 in before a year is up. May be another VA trick?

[Berta]

Manitou wrote:

"I was surprised to read and learn that " I dont know what RO you are at but the Buffalo VARO does not read NODs until a year has passed upon their receipt." (quotation by Berta"

The NOD is tagged and color coordinated by month.It isnt that they "wait" a year to read it-it is that they know when it has been sitting there for a year already and then they read it.

You might be lucky enough to have them read your NOD sooner than that.I assume you are at a different VARO.

If you did not receive a legal VCAA letter telling you specifically what you need to send them as evidence- and if you did not receive an Election Notice picking one box of two,signing, copying for your records and then sending this Election notion back to the VA your claim might well be in limbo for years.

Like the thousands of claims at the BVA remanded after years, due to VCAA notice violations.

A legal VCAA letter has to be sent -that fully complies with the VCAA laws,to include Pelegrino and the Dingess Hartman cases prior to any denial of a claim.

If the veteran provides to VARO the evidence requested in the VCAA letter and the signed election form-those claims can go faster than the norm-sometimes-

Welcome aboard and welcome to the world of the Veterans Administration-where your claim could sit for months or even years before a proper resolve-as many here know.

Edited September 11, 2007 by Berta