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.

[john999]

What is really good is when the VA helps you rewrite your doctors opinions and helps you reinterpret your evience. It is like you never saw it before they get done. This is really ture if lots of money is on the line. Bald faced lies and bending and twisting of facts is SOP. The best is when they use you own IMO to deny your claim. Now the vet is paying to provdide ammunition to cut his own throat.

My VARO has actually sent a SOC along with my original rating decision in the same package. I know this does not make sense but they have done it. Many of these decisions look like they were written by 10 year olds.

Maybe the VA is outsourcing our decisions to the local elementary school to reduce the backlog.

[Guest rickb054]

Rick,

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

jmho,

carlie

Carlie, Nothing like being condescending, hope you feel better.

Still doen't make you right.

now have a good thanksgiving.

[carlie]

Rick,

You posted,

" Carlie, Nothing like being condescending, hope you feel better.

Still doen't make you right."

I was not speaking down to you and certainly doing that -- would never make me feel better.

I have no need to be right -- I have no need to try and make someone else feel wrong.

Simply put, the VA claims process either works or doesn't work but whichever the case,

it all goes in steps.

Vet gets Rating Decision -- Vet files NOD with additional evidence or reiterates evidence VA

doesn't list in the evidence section of the Rating Decision or submits SMR's not yet of record,

Vet presents their contentions of why the Rating Decision should have granted their claim,

at this time Vet may also request a DRO Hearing.

VA either informs vet that a DRO Hearing will be scheduled and/or provides Vet with a SOC,

and the fight continues.

But UNTIL that happens the Vet has received nothing to submit an additional NOD against.

Step by step.

Hope this helps a Vet.

jmho,

carlie

[john999]

If you have new evidence you can ask for a reconsideration of the original decision, but the clock is stil running on the NOD time frame. I did this recently and got a reconsideration for SMC. It was faster than filing a NOD and going to the DRO or BVA. It does not always work since you are going back to the same guys who denied or low balled you. I really don't know which path is better. You don't want your claim sitting in limbo and not in an appeals line. I think you are rolling the dice either way. You just want to stay in their face at the local level as long as you can. Get a personal hearing if you lose the reconsideration. Every time you get a decision you can appeal it. I can only say what has worked for me and many disagree.

[danang_1969]

If you have new evidence you can ask for a reconsideration of the original decision, but the clock is stil running on the NOD time frame. I did this recently and got a reconsideration for SMC. It was faster than filing a NOD and going to the DRO or BVA. It does not always work since you are going back to the same guys who denied or low balled you. I really don't know which path is better. You don't want your claim sitting in limbo and not in an appeals line. I think you are rolling the dice either way. You just want to stay in their face at the local level as long as you can. Get a personal hearing if you lose the reconsideration. Every time you get a decision you can appeal it. I can only say what has worked for me and many disagree.

I feel the same way about me rolling the dice. I feel if anyone at the RO will half way look at my new evidence and read the explanation, of even one of my issues and be considerate of the recent submitted conflicting or omitted evidence from the last decision and if they really want to give me a fair shake I will be much better off going the NOD regional route and keeping it at the RO level than sending it to the backed up BVA. If they don't want to give me a fair shake, I don't know of anything I can do about it anyway. I do have congressional interest stamped on my claim and I don't know how the Ro feels about that, if they find it intimidating or not. I did not have congressional interest for 9 years and got no where until afterwards.

I have already submitted and requested a NOD Tuesday, knowing that the Thanksgiving holidays were coming up and everyone would be long gone from all offices and my deadline is 11/25/07, so I could not wait any longer. I did send it certified return receipt requested, and faxed it to Regional office as well, the same day I mailed it certified RRR. So, I should be timely, but I will just have to wait see. Thanks John for the confirmation on you would have done the same thing. That gives me some hope. There is a real good chance, that if I have to wait until the BVA rules on it, it could be too late. Just facing the probably facts.

God Bless all of you for your help.

Danang_1969

[Ricky]

John you said "Maybe the VA is outsourcing our decisions to the local elementary school to reduce the backlog." I wish they would do this for I think we would get a better decision and product than what we get from the raters.