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.

[Guest rickb054]

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

Carlie,

Initially I disagreed with you because of the way you worded your post and I explained this. For the most part all I have done is voice my opinion on this subject and stated what works for me and the results that I have had. You can repeat the "steps" all you want and I will still have my opinion on how to get the job done because I have had excellent results. Your not going to change my opinion, expecially in light of the way you present the argument. Now unless you just feel the need to get in the last word, we will have to agree to disagree and move on to something more productive.

[john999]

When you reply to a decision you probably want to keep it very objective. Don't let the anger show through. Don't tell them they are unethical bastards even though they are. These are some really dumb and petty individuals so keep it unemotional and stick to facts and regulations. Never get angry with these clowns. They will just shitcan you claim. They did it to me before because my claim was complicated and they threw it in the trash. I found out about it, and I won the claim for Fee Base in record time.

[Berta]

My experience with a Reconsideration Request I filed last year was that it generated 2 letters from the VARO that contained a bizarre statement-

which I pounced on- in response- and then sent them more evidence.

I filed the NOD this past June- and they sent me a DRO request form on the 2 CUE claims this involved.

It was apparent to me that someone at the VARO who got my request fully comprehended my CUE claims and used a very clever diversion tactic to deny them -which wont work-and which I knocked down with evidence.

A Reconsideration request can draw them out and the more it does that-the more oppotunity for the VA to state in a response something that you can attack.

SOCs- I feel they are almost as important as the VCAA letter-

and even an old SOC might become important regarding a newer disability claim or a CUE claim.

[carlie]

Berta,

Thanks for chiming in on the importance of SOC's.

carlie

[labonte1000]

Hi whats happens if you don't file a nod within the 1 year time limit? I did, but just wondering what would happen. If your symptoms get worse down the road, can you ask for an increase?

[carlie]

If a claimant does not file a NOD and begin defending their claim within

the 1 year time limit then the rating decision becomes a final decision.

The claim can be :

1) Re-opened later with New & Material Evidence and/or

the discovery of SMR's that were not of record in previously considered evidence,

2) Cue'd

If your symptoms (you will need medical evidencefor a grant) get worse down the road, YES the claimant can file for an increase.

jmho,

carlie