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

[jessie0054]

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.

Hello stevedensha

I was just following the advice of the Elders on the forum.

Check out my frist post under Writing the NOD.

Thanks

Jessie

[Ricky]

Jessie - do not send in the VA9 with the NOD you will only confuse the idiots. Submitt the NOD and request a De Novo Review. This will give you a new look at the claim at the RO level. When this review is complete they will prepare and send you the SOC at which time if you disagree with their decision you can submitt the VA9.

Since you have one year to file your NOD. If you do not file it within that period they will then issue the SOC. However, at this point the only option available to you is to submitt new and material medical evidence to get your claim reopened.

YOU can not file a perfected (formal/VA9) appeal UNTIL AFTER YOU HAVE FILED A NOD AND THE VA TAKES ACTION ON THAT NOD AND ISSUES A SOC.

[jessie0054]

Jessie - do not send in the VA9 with the NOD you will only confuse the idiots. Submitt the NOD and request a De Novo Review. This will give you a new look at the claim at the RO level. When this review is complete they will prepare and send you the SOC at which time if you disagree with their decision you can submitt the VA9.

Since you have one year to file your NOD. If you do not file it within that period they will then issue the SOC. However, at this point the only option available to you is to submitt new and material medical evidence to get your claim reopened.

YOU can not file a perfected (formal/VA9) appeal UNTIL AFTER YOU HAVE FILED A NOD AND THE VA TAKES ACTION ON THAT NOD AND ISSUES A SOC.

Ricky:

I'am hearing you!! Heaven i don't want to confuse the idiots!!

Thanks

Jessie

[Berta]

Jessie- did the VA send your son a legal VCAA letter about 5-6 months after this claim was filed?

Prior to any denial he got?

It should have stated exactly what they needed as evidence and it also should have had an election notice enclosed?

My claim has been in the system for over 4 years due to the fact that the VA failed to comply with this VCAA letter-in my case- and every attempt I made to get it clarified resulted in my POA's documented insistence that I really did get what I did not get.

That is one of my charges against them in recent OGC complaint I filed on them.

In any event- a few weeks ago I talked to a VSO who works at the RO and he told me it is the receipt of the VCAA election form ,sent to the vet and then signed and returned to the VA, that actually triggers more action on the VA's part.

I hope I didnt already ask you this and I forget what you said- he probably got a legal one but I am beginning to believe that some of these claims are not getting the proper VARO attention as the RO does not have the returned election form.

When VA got my recent election form within 2 days it went to a claims person and then to a DRO and back and forth with the DRO-I elected that I had already sent in considerablke evidence, never addressed by VA, listed it all and then sent in again copies of my IMOS and some of the main other evidence.

My POA in 2007 had some double remands, a triple and even a quadruple remand- and that was only a brief search I did- and they all revealed VCAA violations.

Without the election notice a claim does not seem to get the proper attention at all at the RO level.

[jessie0054]

Jessie- did the VA send your son a legal VCAA letter about 5-6 months after this claim was filed?

Prior to any denial he got?

It should have stated exactly what they needed as evidence and it also should have had an election notice enclosed?

My claim has been in the system for over 4 years due to the fact that the VA failed to comply with this VCAA letter-in my case- and every attempt I made to get it clarified resulted in my POA's documented insistence that I really did get what I did not get.

That is one of my charges against them in recent OGC complaint I filed on them.

In any event- a few weeks ago I talked to a VSO who works at the RO and he told me it is the receipt of the VCAA election form ,sent to the vet and then signed and returned to the VA, that actually triggers more action on the VA's part.

I hope I didnt already ask you this and I forget what you said- he probably got a legal one but I am beginning to believe that some of these claims are not getting the proper VARO attention as the RO does not have the returned election form.

When VA got my recent election form within 2 days it went to a claims person and then to a DRO and back and forth with the DRO-I elected that I had already sent in considerablke evidence, never addressed by VA, listed it all and then sent in again copies of my IMOS and some of the main other evidence.

My POA in 2007 had some double remands, a triple and even a quadruple remand- and that was only a brief search I did- and they all revealed VCAA violations.

Without the election notice a claim does not seem to get the proper attention at all at the RO level.

Berta:

Yes My son did receive the legal VCAA Letter and yes it had the Election Notice inclosed which he returned and told them to go ahead and procree with the claim. We sent all the evidence .

Thanks, Jessie