Timeframes-nod/appeal

[ruby]

I am doing this in seperate thread in case a newer person is searching for this answer--I need the answer---Or guide to where I can find the info easily.--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I was denied IU officially 12/19/2007-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------DO I NOD filing additional medical evidence or file an appeal. I would rather file for a new claim then to appeal-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------What is the timeframe to file for a NOD-----DRO-----Appeal? What is the 60 days after your decision is rendered referring too. Thanks Ruby

[vaf]

You may have better luck submitting the new evidence (your MRI Radiology Report plus the SS disability determination letter, as well as requesting your SS records be sent to the VARO), and asking for a reconsideration. At least that would keep it local. Otherwise, if you formally appeal it with an NOD and it goes to the Board, you can still submit new evidence until the Board actually hears the appeal, but you'll be waiting approximately two years for that to happen once your appeal leaves the VARO.

Anyway, I vote for submit the additional evidence, ask for a reconsideration, and do what you can to preserve the earlier effective date of claim for TDIU status. If it doesn't go your way, then file the formal NOD. Remember, even if you request a reconsideration, you still only have one year from the date of the denial to file a formal NOD, so don't lose track of that time. If you don't hear anything back before the deadline, file a formal NOD so you don't lose your appeal rights.