Bad Karma

[Ron II]

Hello,

Here's an unusal situation.

1. Filed for NOD 11 Sep 07

2. Had IME 26 Jan 08

3. Mailed new evidence to VARO 1 Feb 08

4. Sent copy of new evidence letter (IME not included) to VARO via IRIS 2 Feb 08

5. Rec'vd ltr from DAV stating NOD denied (ltr dated 1 Feb 08, rec'vd 5 Feb08)

6. Rec'vd telephone message from VARO 5 Feb 08 stating my 2 Feb 08 IRIS message with letter

had been rec'vd and would be placed in my NOD file pending the filing of the actual letter/document

(I have to assume that the IRIS responder doesn't know that the claim is denied).

Summary: DRO made decision in less than five months; my evidence did not make it in time;

I will now submit a request for a reevaluation based on a condition that has worsened. Nothing from VA has been received. Bad Karma...

P.S. I included a statement in my NOD letter of September 2007 that if my claim was denied, I requested a reevaluation. Would this have a bearing on anything positive?

Cheers!

Ron

Edited February 6, 2008 by Manitou Sprgs

[jbasser]

Did the VA know you were seeking an IMO to add to the claim?

If they did, this may be just a head game to get you. Dont worry about it. Just inform the kind folks at the RO that they did not consider this evidence and denied the NOD pre maturely and you would like them to consider it. In the meantime, Slap them with a form 9. Appeal the claim. When it gets to the BVA and the BVA realizes they have not considered the IMO, then they will remand it back.

The RO has done nothing but added time to the claim. They have become very efficient experts at this activity.

[Ron II]

Did the VA know you were seeking an IMO to add to the claim?

If they did, this may be just a head game to get you. Dont worry about it. Just inform the kind folks at the RO that they did not consider this evidence and denied the NOD pre maturely and you would like them to consider it. In the meantime, Slap them with a form 9. Appeal the claim. When it gets to the BVA and the BVA realizes they have not considered the IMO, then they will remand it back.

The RO has done nothing but added time to the claim. They have become very efficient experts at this activity.

Hi Jbasser,

I saw you were here and hoped you will comment on this situation, which frankly, makes me ill.

The VA did not know I was seeking an IMO to add to the claim. I am going to call both the VARO and the co-located DAV rep in the morning. Don't know if it will do any good, but it is worth a try.

Thank you for your comments, especially the BVA/IMO aspect.

Cheers! (darn, that is hard to say right now)

Ron

[cowgirl]

Good Luck Ron, Jbasser nailed it, NOD timewise, hope the DRO will listen to ya. Also thanks for the reminder to add to any NOD a statement that if

claim ia denied, request a reevaluation

Best thoughts to ya, cg

[Ron II]

Good Luck Ron, Jbasser nailed it, NOD timewise, hope the DRO will listen to ya. Also thanks for the reminder to add to any NOD a statement that if

Best thoughts to ya, cg

I now regret that I didn't request a hearing; that would have precluded this problem I now have.

Ron

[iraqx2]

Good Luck Ron!

On a separate note,

I check these forums everyday. I find it very informative and connects our struggles together against the VA.

At times, it can be at times overwhelming when I read nothing but bad experiences that we are all going thru with our claims.

When is the day that this website will go away someday because the VA will get its act straight and become a fine tuned machine?

( I feel like complaining today )

[Ron II]

Hello,

Here's an unusal situation.

1. Filed for NOD 11 Sep 07

2. Had IME 26 Jan 08

3. Mailed new evidence to VARO 1 Feb 08

4. Sent copy of new evidence letter (IME not included) to VARO via IRIS 2 Feb 08

5. Rec'vd ltr from DAV stating NOD denied (ltr dated 1 Feb 08, rec'vd 5 Feb08)

6. Rec'vd telephone message from VARO 5 Feb 08 stating my 2 Feb 08 IRIS message with letter

had been rec'vd and would be placed in my NOD file pending the filing of the actual letter/document

(I have to assume that the IRIS responder doesn't know that the claim is denied).

Summary: DRO made decision in less than five months; my evidence did not make it in time;

I will now submit a request for a reevaluation based on a condition that has worsened. Nothing from VA has been received. Bad Karma...

P.S. I included a statement in my NOD letter of September 2007 that if my claim was denied, I requested a reevaluation. Would this have a bearing on anything positive?

Cheers!

Ron

More information. I talked to a VA rep and the co-located DAV this morning and was advised by both

that all is not lost at the VARO level since they will reportedly review the NEW medical evidence upon

its receipt to determine if an increase is warranted. When I say "upon its receipt", that doesn't mean

the same day they get it (I believe it is at Triage, VA). Apparently, this is a common practice (my inference). Both parties strongly suggested I file the Form 9 too in order to protect my appeals rights.