Nod Letter

[sehinchee]

Please review the attached NOD and provide some feedback. This will be my first one.

NOTICE_OF_DISAGREEMENT1.pdf

[Pete53]

You can appeal anything that they do. Just be sure that you are within the time limit.

[lu12]

sehinchee

My two cents,

In your NOD letter First paragraph you mentioned discrepancy on: 1) joint instability. and 2)effective date of the claim.

Then you referred to "functional loss" issue that was not consider on your recent VAE. It would be a good idea if you consider a response to the the last rating, based on a re-characterization of your NOD/claim to include 1) separate rating for functional loss, 2) bilateral factor (if apply) and 3) pain disorder of your knee.

I've been rated at 30% for my Knee since 1994, being rated under DC 5257. I'm 41 and my knee is all screwup, failed ACL reconstruction, post-traumatic arthritis,etc. VA physician tell I don't qualify for knee replacement because I'm still very young.

My previous VSR's officer did not claimed for my functional loss of use and a separate rating to include bi-lateral factor. Think out the box here and don't wait to perfect your claim.

good luck,

lu12

[oduibhir]

Request a hearing there is no way that they can deny a NOD.

well apparently they can cancel a NOD without informing you...

NOD received VA 24 NOV 08 called 26 it was in the computer so i was going to give them time to work on it and time to get my stuff together called back last week it was cancelled on the 1st of Dec no stated reason, no letter, no SOC nada.....

[Berta]

I have never heard of the VA "cancelling" a NOD.

Did you file the NOD within the year time frame to file it?

Did you clearly state that it was a formal disagreement with their decision?

Do you have a vet rep?

[Berta]

I think you should send them an IRIS- at the VA web site-

ask them to reply either by email or snail mail-

They can say anything they want to-by phone and you have no hard copy.

This is sure a new one for me.

[oduibhir]

they finally have it in the computer now with senatoral involvement and i just had my C&P so hopefully sometime before my 6 yr old graduates from high school i will hear something. and i neglect to comment request a hearing neat concept but that hearing would be where? at the VARO that has jurisdiction on my claim?