Nod And Dro In Progress, Questions

[cowgirl]

I got a va letter for my NOD with DRO request, it simply describes 'how the va will try to resolve my disagreement' and 'how the postdecision review process works', very simple. (letter came about within 45 days, dated same day I status checked on 1-800!)

My Questions;

a'one. How are the dates sorted out - Is the EED current claims rating or NOD filed date the new EED?

a'two. Was I supposed to recieve VCAA as of yet, or is that to come with another letter?

Thanks.cg

[Ricky]

cg - you should have received a VCAA when you first file the claim. You may or may not get one more telling you that they need information on how your disability has increased. As with all VCAA's it is a crap shoot.

As far as the effective date is concerned. The effective date of a claim is the date the entitlement arose or the date the claim was submitted, which ever is later. Now with the official VA lingo out of the way once again effective dates are also a roll of the dice. You may win you may lose depending on the VA office you are dealing with. However, most offices play fair in this area therefore,the effective date of your claim should be the date of the original claim unless VA can obtain evidence that the condition worsened at a later date.

[cowgirl]

Thanks Ricky, guessing VCAA may be yet to come now that you mention it that way. Added tdiu request a bit later to increase request. Praying fervently just now, trying to remain calm, family focused and practical for corrected sc increase with tdiu. Will double check to see if VCAA came with rating increase I recieved this past year.

date of original claim depends, could be 94,05,06,07. Haven't worked since discharge, sure wish I could have, its been a struggle to keep balanced considering all the years I put in the service. Nothing like working beck'n'call 24/7 for years good service history but resulting in 'disabilities, try to share that with civilians. Other vets 'check' me regards work, career totally sidelined by mental&physical issues, still working on a nice 'itsnoneofyerbusiness' comeback statement.cg

cg - you should have received a VCAA when you first file the claim.

effective date of your claim should be the date of the original claim unless VA can obtain evidence that the condition worsened at a later date.

[Berta]

Yes- the VCAA letter is supposed to come BEFORE any decision is made-

it has to have a bold typed and underlined statement as to exactly what they still need to have.

If this is for higher increase it should have a Dingess Hartman statement as to the EED etc-

MOST importantly it should also have enclosed -a VCAA Response election form- you elect the next step you want the VA to take-

rate on the evidence they have- or whether you are submitting more (I forget how they put it)

you elect one of the boxes, copy, sign and return to the VARO.

This is all supposed to take place BEFORE they deny any claim.

If a vet does not get the election form-

they cannot make the official response.

Then the VA can deny and say you didnt respond

-to what you didnt get.

I got my first election response form in Oct- they immediately started working on my claim when they got it back.I should have gotten it in 2003.

[cowgirl]

Berta, this request for increase/tdiu is going to DRO. I dont have a decision letter as of yet. Maybe they are still 'developing' the 'evidence' and will sent the VCAA letter then, who knows?

I submitted nod along with request for %increase & tdiu. About 2-3 weeks later, I submitted a 21-8940 and a dr. statement. Now, I get the letter, the first paragraph describes: reciept of nod and election of dro to handle the appeal, what their records show that I filed for, then 'this letter describes what will happen next' statement. The rest of the information is generic. No mention of VCAA yet.

Yes- the VCAA letter is supposed to come BEFORE any decision is made-

it has to have a bold typed and underlined statement as to exactly what they still need to have.

If this is for higher increase it should have a Dingess Hartman statement as to the EED etc-

MOST importantly it should also have enclosed -a VCAA Response election form- you elect the next step you want the VA to take-

rate on the evidence they have- or whether you are submitting more (I forget how they put it)

you elect one of the boxes, copy, sign and return to the VARO.

This is all supposed to take place BEFORE they deny any claim.

If a vet does not get the election form-

they cannot make the official response.

Then the VA can deny and say you didnt respond

-to what you didnt get.

I got my first election response form in Oct- they immediately started working on my claim when they got it back.I should have gotten it in 2003.