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Is Asking For A Review The Same As A Nod


hurryupnwait

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In my claims file copy, I noticed that I sent a letter to the VARO asking them to review my claim. Would this be considered a NOD?

Here is the letter,

The enclosed statements are from my doctor and my company accident report. Please review these records in relation to my disability compensation claim.

Edited by hurryupnwait
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In my claims file copy, I noticed that I sent a letter to the VARO asking them to review my claim. Would this be considered a NOD?

Here is the letter,

The enclosed statements are from my doctor and my company accident report. Please review these records in relation to my disability compensation claim.

if you ask va to "review" your claim and send in additional evidence, they will treat it as a claim for increase or a claim to reopen. if you want to submit a Notice of Disagreement and initiate an appeal, you should specifically state so.

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  • HadIt.com Elder

I sincerely believe that any time you are not happy with a decision you should request a DRO Review and Hearing I have always had better results with hearing than depending on BVA to make it right.

I have been to 4 Hearings now and gotten something positive from each one. Next Thursday I will have my fifth hopefully.

Pete

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In my claims file copy, I noticed that I sent a letter to the VARO asking them to review my claim. Would this be considered a NOD?

Here is the letter,

The enclosed statements are from my doctor and my company accident report. Please review these records in relation to my disability compensation claim.

Maybe I should explain further;

In April 1973, I received a letter from the RO stating that my claim was denied and explained my appeal rights and what I needed to proceed with the claim.

I sent the letter that is in this post,

The VARO sent me to another exam, then they did not send me another decision letter.

In 1992, I requested my medical records and when received I found the exam results with a heading of Rating Decision, but this document only discusses the exam not a decision. I did not receive another decision letter stating their decision or my appeal rights.

Would this claim still be open if they did not notify me of their decision after the second exam?

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"Would this claim still be open if they did not notify me of their decision after the second exam? "

If you did not NOD the original denial this is probably an "abandoned" claim.

This case might explain better what an abandoned claim is:

http://www.va.gov/vetapp00/files2/0017937.txt

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"Would this claim still be open if they did not notify me of their decision after the second exam? "

If you did not NOD the original denial this is probably an "abandoned" claim.

This case might explain better what an abandoned claim is:

http://www.va.gov/vetapp00/files2/0017937.txt

Hi Berta

We have discussed this issue before, I cut and pasted this from a previous thread I started.

I found this information. Would this apply to my case?

CLAIM STILL OPEN IF PROPER NOTICE OF DECISION NOT SENT TO VETERAN

§ A veteran’s claim was denied in 1969. The VA avers that a notice of decision was not sent to the veteran. In 1982, the veteran sought to reopen his claim. A September 1982 RO decision found the claim had been previously denied. The VA sent a letter only advising the veteran that his claim had previously been denied in 1969. The veteran did not appeal the decision. In 1998 the veteran, through counsel, indicated that he had never been notified of the 1969 denial and requested a formal decision on that claim. The VA’s 1998 response acknowledged failure to notify the veteran of the 1969 decision but found that the 1982 letter informing the veteran that his 1969 claim had been denied finalized the issue and that his appeal rights had expired.

In 1998 the veteran appealed to the Board. The Board denied the veteran’s claim concluding that the back condition had been denied in 1969, that the September 1982 RO decision confirmed and continued the 1969 decision denying the claim and that the notice of the 1982 decision notified the veteran of his continued denial of service connection and included appellate rights information.

On appeal, the Court found the 1982 notice inadequate because it did not provide a reason for the denial in 1969 as required at 38 C.F.R. § 3.103. Ruffin v. Principi, 16 Vet.App. 12, 15 (2002).

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If the VA did not adequately advise you of any decision and also your appellate rights- you could write to them and explain that you believe the older claim is still pending as you never received a decision that you could NOD.

It is worth looking into----it would not be the first time the VA failed to send a decision to a veteran.

I got two decisions from the BVA 2 years ago-one was addressed to me and the other one was addressed to my husband, dead 13 years ago today as a matter of fact-this is a sad day for me.

I had to contact the POAs on the decisions and tell one rep his vet won 100% from the BVA and then tell the other rep his vet lost and I gave him some suggestions as to how the vet could re-open-when I sent the reps these decisions.

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If the VA did not adequately advise you of any decision and also your appellate rights- you could write to them and explain that you believe the older claim is still pending as you never received a decision that you could NOD.

It is worth looking into----it would not be the first time the VA failed to send a decision to a veteran.

I got two decisions from the BVA 2 years ago-one was addressed to me and the other one was addressed to my husband, dead 13 years ago today as a matter of fact-this is a sad day for me.

I had to contact the POAs on the decisions and tell one rep his vet won 100% from the BVA and then tell the other rep his vet lost and I gave him some suggestions as to how the vet could re-open-when I sent the reps these decisions.

Hi Berta

Please accept my condolences.

I am very grateful for your help.

I returned Friday from Washington DC. I picked up a complete copy of my claims file from AMC and had a medical exam by Dr. Bash.

Happy Trails

Paul

Edited by hurryupnwait
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  • HadIt.com Elder

Berta; sweet memories today to you and a special hello to your family as well.cg

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