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

[Ron II]

Ron don't feel to bad all the DRO could really rule on was the stuff that the RO made their decision on at least that is my impression. I am pretty sure I will get straightened out if I am wrong.

Thanks Pete53--I'm really beating myself up right now about all the things I felt I should have done.

Oh well, if nothing else good comes of this, I should be a better Hadit contributor...

Thanks,

Ron

[stillhere]

Stillhere,

Thank you for that information. I think you are correct about the soc associated with the NOD.

I'll probably receive the soc later this week.

I suspect the best thing that came out of this "event" is that I better understand the frustrations

of many of the members of Hadit, although my case certainly doesn't involve the years many have waited. Additionally, I am just a victim of circumstances, not ineptitude--except my own for not requesting a hearing in conjunction with the DRO review.

Cheers!

Ron

I just received the following via IRIS:

Is my NOD still being considered since I have sent new evidence?

Summary: 1. ... Discussion Thread Response (Department of Veterans Affairs) 02/06/2008 12:05 PM

Mr. [my last name],

Your file is currently being reviewed for quailty and all paperwork will be associated with and reviewed by the appeals team once said file returns to that division. You should be advised of out come at that time.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message. If at some future time we can hwlp you on a different subject, you may submit a new inquiry at https://iris.va.gov, call us toll free at 1-800-827-1000, or visit our web site at www.va.gov.

Thank You,

[name], VSR

This reply was generated less than 12 hrs about I sent my IRIS message. Ron

Hey Ron, Hang in there I know you will get it approved. Stillhere

[Ron II]

Hello Stillhere,

Re: "Hey Ron, Hang in there I know you will get it approved. Stillhere"

Thanks...I've been obsessing about this all day, even though I know my little problem is nothing compared to what most of you experience. At this point, I don't even care if I get retro; if I can just get the increase I believe I am entitled to effective the date of my examination by IMO means, I would attempt to make my very large body jump up and down.

Cheers!

Ron

[iraqx2]

I was just thinking, if the Denial Letter has an option to appeal or file another NOD, could that be an option too? Your stance would be to disagree that the VA did not have all the evidence and they should reconsider.

[Ron II]

I was just thinking, if the Denial Letter has an option to appeal or file another NOD, could that be an option too? Your stance would be to disagree that the VA did not have all the evidence and they should reconsider.

Iraqx2,

I still haven't received the Statement of Case, Form 9, or anything else from the VA; the only paperwork I've received is from the DAV. However, I've confirmed with the VA that the denial is on its way.

I was told yesterday by both the DAV and a VA rep that my new evidence will be considered after the "quality review" is completed at the VARO. I was also told that if sufficient, this documentation would not require a filing of appeal to the BVA. I think this all comes under the following:

§3.156 New and material evidence.

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. (Authority: 38 U.S.C. 501, 5103A(f), 5108)

(Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of §20.1304((1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period. (Authority: 38 U.S.C. 501(a))

So...this might not turn out as bleak as I first thought. Thanks for your suggestions and help.

Ron

Edited February 7, 2008 by Manitou Sprgs

[john999]

Actually, you can submit new evidence and testimony to the DRO. The only time they rush a decision is when they intend to deny it.