Notice Of Disagreements

[danang_1969]

How many times can a vet file a NOD on a claim. Is it once per decision? Once per claim? Let me give a hypothetical here. If a vet got a decision in Jan of 06 and filed a NOD in Feb of 06. Got a decision on that NOD in Jan of 07. Could the vet then file a NOD on that decision within 60 days? Would it be considered a separate decision and allow the vet to file a NOD. Bertha, Pete, those that have been there done that in the NOD process, give me some info on this subject. It could be useful for other vets in the future. We certainly can't get this info off www.va.gov

Danang_1969.

[carlie]

First you'd have to get a SOC back from VA.

Here are the most important study link's for claims.

You may be wise to bookmark these links in your favorites or some section you have for research.

Hope this helps a vet.

carlie

Title 38 CFR - Part 3 - Adjudication

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr3_main_02.tpl

Title 38 CFR - Part 4 - Schedule of Rating Disabilities

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr4_main_02.tpl

Chapter 5 here will provide plenty of info. for you on NOD's, SOC's & SSOC's.

M21-1MR

http://www.warms.vba.va.gov/M21_1MR.html

[Guest rickb054]

When ever I received an award letter that I did not agree with I immediately sat down and wrote a substancial NOD and requested a De Novo Review. I think to wait for a Statement of the case is a waste of time. I have also written a new and expanded NOD when a De Novo comes back denied, but it really is not necessary unless you want to reply line by line to the denial.

I have even told the va to keep their stupid Statement of the case. Of course the VA must by law send you a SOC but it serves no real purpose, because the awards letter tells you exactly why the va came to the decision that was made. The SOC just rehashes out the reasons all over again, and more often than not it is so technical that even a lawyer might not undetstand them.

any way this is my opinion. I don't know of any thing that states you must wait for a SOC before you can file a NOD

[carlie]

rick,

1st of all -you don't get a SOC until after you file a NOD -- and secondly the SOC

also addresses any evidence or contentions (well at least it's supposed to) that were

contained in the NOD.

SOC's and SSOC's are extremely important to the claimant in the respect that they

should shed much more light on why a decision was made, the way it was, versus just

the rating decision itself.

CLAIMANTS NEED TO READ & RE-READ ALL RATING DECISIONS, SOC's & SSOC's, also

pay great attention to all evidence listed and/or omitted by VA.

If you don't do this then you are not doing justice to a claim.

Nothing in my response to danang insinuates that you must wait for a SOC before you can file a NOD. My understanding of danangs post is that it pertains to after filing a NOD.

jmho,

carlie

[Guest rickb054]

1st of all -you don't get a SOC until after you file a NOD

Carrie, I never said you get a SOC before filing a NOD

-- and secondly the SOC also addresses any evidence or contentions (well at least it's supposed to) that were contained in the NOD.

Actually a statement of the case does not address the NOD.

It serves to provide an expanded outline or history of the claim and the reasons for the decision. The NOD triggers the statement of the case, but the NOD itself may be nothing more that a statement that you disagree with the findings without explaining why you disagree. Most veterans will write the actual appeal (reasons for disagreement) after they receive the SOC. I advocate writing ithe actual appeal and submiting it at the same time you submit the NOD.

SOC's and SSOC's are extremely important to the claimant in the respect that they should shed much more light on why a decision was made, the way it was, versus just the rating decision itself.

I disagree; what they should do and what they do will depend largely on the writer of the SOC. it is my firm belief that most provide nothing more than an expanded outline of the case, and case law. The initial denial does much the same thing and provides the basis for the decision.

CLAIMANTS NEED TO READ & RE-READ ALL RATING DECISIONS, SOC's & SSOC's, also

pay great attention to all evidence listed and/or omitted by VA.

If you don't do this then you are not doing justice to a claim.

I agree claimants should read everything they receive, but I still disagree that a soc is necessary to perfect a reasonable argument in support of the claim.

Nothing in my response to danang insinuates that you must wait for a SOC before you can file a NOD. My understanding of danangs post is that it pertains to after filing a NOD.

Actually the first line in your initial post was, "First you'd have to get a SOC back from VA." I read this as you saying he had to have a SOC before he filed his nod. Maybe that is not what you meant but that is how it reads.

His question didn't even have anything to do with a statement of the case; it was how many NOD's can a vet file on a claim. The answer could have been as many as you want but only one is necessary per claim.

As I clearly stated I was voicing my own opinion based on my own experiences. While some may think the SOC is an important document, I think it draws out the process with unnecessary paperwork. I always ignore them, and I have always won my claim in the end.

Every Veteran must decide what he/she feels best serves their claim.

[carlie]

Rick,

You might understand if you go back and read through the thread slowly.

jmho,

carlie

Edited November 22, 2007 by carlie

[danang_1969]

Thanks everyone for the comments and links. I saved them to my special hadit favorites folder.

Happy Thanksgiving to everyone and as we give thanks let us be in prayer for those who are going through very trying difficult times of pain and sorrow in their life. As I ponder and gives thanks, it occurred to me having INTERNET service probably means am most likely in the top 5% of the most materially blessed people in the world. Thank You Lord.

Danang_1969