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Jayg

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I recently posted a NOD for consideration.

Based on comments received I'm going to be very busy writing practically a whole new one. <_<

Humor aside, there were many helpful comments, on that and other things. I can't list all who have helped individually, but I want to give a special thanks (not in a particular order) to Berta & Rentalguy.

Your help was especially detailed and focused. The knowledge imparted especially insightful. I have some idea how hard it is and long it takes to learn this stuff. I have been strugging with VA for a good 4 years and am only beginning to learn.

I just wanted to thank y'all and chose to do it this way. I didn't want to dredge up my threads by doing this in them. They have run their course.

I ramble too much. Nuff said. Thanks

Jay

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  • HadIt.com Elder

Jay:

Hang in here there is always someone who can help.

Veterans deserve real choice for their health care.

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Guest Vietnam Tanker

Like Pete said, hang in there and all will work out, you got some really good input on your request, use it wisely.

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if there's anything else I can do....just ask. I'm here for you.

I know you, all of you, are and that's great.

I'll have more questions no doubt. But I've work to do first. B)

Again. Thanks. :D

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The NOD -as the first avenue of attack-for the veteran is the most important initial document they will usually ever have to prepare.

What is not disagreed with-in the NOD- is considered by VA that you accept it.

Vet reps and NSOs often prepare a NOD for the vet themselves.

They usually do not take the time to prepare something that a VA decision could actually turn around on.

Also a vet can attach evidence to a NOD and list it within the NOD and refer to it.

I have done this personally for my hsuband, my daughter and myself-getting a proper decision within weeks.

Of course only one of those involved a disability rating-they were awarded because in each case the actual regs that they didnt read in the first place-were sent again with the NOD.

Also reps are locked into some idea that a vet cannot apply for TDIU until the VA rates them at 70%.

If you ask them for a reg to support that-they will come up

ewmpty handed because there is no reg that says that.

If the VA rates at 70% then the VA will send out the TDIU form- but the form is here and at the VA web site and there is not regulation whatsoever that says the vet him or herself cannot send it in if they believe they have or can get medical evidence of TDIU.

A TDIU vet could be finally awarded 70% years by VA after filing their original claim and given an EED for TDIU that the VA determines.

But had they sent it the form sooner- they could possibly obtain a much better EED by doing that themselves.

A veteran who fully believes their SC causes them to be unemployed (and they ARE unemployed) -regardless of their SC rating and even if they have any SC at all-should fill out, refer to in the NOD and attach the TDIU form (21-8940)

and then get the medical evidence they need to support a finding of TDIU.

I think a NOD should state very clearly right away the crux of the disagreement and then state why they are wrong.

Try to get as much as possible on Page one-

I was talking to NVLSP about this one day-

they agree that the first page whether NOD or Response to SOC or an I-9 should have the main points stated on page one-and it pays to be brief with any additional pages as they just dont seem to take the time to read them.

If you raise strong good points right away- they will read further.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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