Question About New Evidence To Send With A Nod

[jessie0054]

Hello

i am about ready to send in the letter of NOD and the form VA9.

I have copies printed from the original Xrays of my son's back after surgery that shows the placement of the plates and screws in his back that prevent him bending or twisting.

Will the VA accept these as evidence??

Also i have a picture of his back right after the surgery [ 2-3 days] that shows the 20inch incision with they accept this as evidence??

or should i just forget about sending these??

Thanks

Jessie

[71M10]

If you know for a fact that these are already part of the VA's record It shouldn't be needed and would actually clutter the file (multiple copies of same documentation). If you know they don't have them (private treatement records not VA records) yes send them (keep copies). Whether they will actually read them seems to be a matter for debate and varies from VARO and DRO.

I am a newbie, so maybe some of the more experienced members will chime in?

Best regards,

Tyler

[jessie0054]

If you know for a fact that these are already part of the VA's record It shouldn't be needed and would actually clutter the file (multiple copies of same documentation). If you know they don't have them (private treatement records not VA records) yes send them (keep copies). Whether they will actually read them seems to be a matter for debate and varies from VARO and DRO.

I am a newbie, so maybe some of the more experienced members will chime in?

Best regards,

Tyler

Thanks Tyler:

Everything i'm sending with the NOD is new evidence and is not already part of his file. So i think it will be ok to send them. Just wanted to check!!

But your right getting the VA to actually read them is of question.

Jessie

[john999]

If you send in a NOD you should wait and get a Statement of the Case. This will give you important clues as to how to appeal. You want to tailor your appeal to the SOC and the objections the VA has made to a higher rating. You want to use a rifle and not a shotgun. You want to rebut specific evidence or arguments the VA has made to deny you. You may already have gotten a SOC when you got the rating but use the SOC as a guide for your appeal. When you get the SOC the VA is going to tell you why you were denied and give hints as to what you need to make it fly.

John K

[jessie0054]

If you send in a NOD you should wait and get a Statement of the Case. This will give you important clues as to how to appeal. You want to tailor your appeal to the SOC and the objections the VA has made to a higher rating. You want to use a rifle and not a shotgun. You want to rebut specific evidence or arguments the VA has made to deny you. You may already have gotten a SOC when you got the rating but use the SOC as a guide for your appeal. When you get the SOC the VA is going to tell you why you were denied and give hints as to what you need to make it fly.

John K

Hello John999

Thank you for the advice. But i'm a bit confused. I was told to ask for the SOC when i send in the NOD and because of the time line i am on here to also send in the VA form 9 at the same time.

I have put so much [time and heart] into the claim for reconsideration in the rate he was given for the Blood Cancer that i completely forgot about the decision for the Back and the need to get an appeal started before the year was up!!! Dumb me i know. I just wasn't thinking!! Anyway the year runs out on the 20th of November.

So do i still have time to get the NOD in and get a SOC back before i send in the Form 9???

Do i go by the date the decision was made or the date stamped on the decision letter?? If it's the date stamped on the decision letter that would give me another week but thats it. I don't think enought time!!

Jessie

[stevedenesha]

Hello John999

Thank you for the advice. But i'm a bit confused. I was told to ask for the SOC when i send in the NOD and because of the time line i am on here to also send in the VA form 9 at the same time.

I have put so much [time and heart] into the claim for reconsideration in the rate he was given for the Blood Cancer that i completely forgot about the decision for the Back and the need to get an appeal started before the year was up!!! Dumb me i know. I just wasn't thinking!! Anyway the year runs out on the 20th of November.

So do i still have time to get the NOD in and get a SOC back before i send in the Form 9???

Do i go by the date the decision was made or the date stamped on the decision letter?? If it's the date stamped on the decision letter that would give me another week but thats it. I don't think enought time!!

Jessie

Just make sure you get the NOD in before the 1 year deadline. You will have time to submit the form 9 in even if you receive the soc after the 1 year timeframe. I believe they give you 60 days from the time they issue the SOC.

[stevedenesha]

I was just wondering why you would want to send in a Form 9 when you could send in a request for a DRO instead. You are not hurting yourself by submitting a DRO first and this way is usually faster and gives a extra opportunity to get the approval your looking for.