Anyone Hear Of A Protective Nod?

[hurryupnwait]

My attorney, Ken Carpenter's office staff person told me that if they did not receive a copy of my c file from the VARO by November that they would file a protective NOD to preserve my effective date of Nov 2001. I did not know this existed.

My attorney's office requested the c file in early March.

Any comments

Paul

[Berta]

PS have you gotten letters asking for responses within a specific period of time- or requests for more evidence?

If you have asked for a DRO hearing this will be only on the claim decision you asked for it on.

[3 years to retire]

Thanks Berta for the information.

I got the denial and sent in the NOD. After that I requested the dro meeting. After that, I had VA test done (after the NOD sent and and the dro request) which my VA Dr. stated that the issue was ' more likely than not' a secondary to a S/C injury -gerd- due to nsaid taken for S/C injury. I sent that in as new evidence. In july 2008 the va has notated that my file was now waiting for a 'New Decision."

So I am hoping that the DRO has not been postpone/cancel because of a new decision. I think I will get the secondary approved. I am just waiting and concern for the % rating I will get. If approved, (but I do not agree on the %,) then I am hoping that the DRO will give me a chance to make a case for a better % rating. I do not want to start all over again to fight for a better % rating.

[jbasser]

3 years to retire, A DRO review is actually not set in stone. You have sent in new evidence and they got a medical opinion, This opinion is very favorable as the Doc has sealed any loopholes.

Look for a Decision as your claim should be reconsidered. After reading your post, I feel that is where it is. You may bever see a DRO. You should not have to.

J

Edited September 14, 2008 by jbasser

[hurryupnwait]

Did you or Ken ask for a Reconsideration of a denial?

A Reconsideration request doesnt stop the NOD clock.

While the VA was fooling around with my reconsideration request for my 2 CUE claims-and taking every bit of the year NOD period- I had marked my calendar one year from the decision and I filed the NOD within the year time frame.I felt that was a 'protective' way to preserve my EED and my whole appeal.

Hi Berta

We are waiting for Ken Carpenter's office to received my c file, then make the decision to ask for reconsideration or just file an NOD.

My claim is supposed to be reviewed today by Mr. Carpenter.

Paul

[Berta]

Ken Carpenter in the late 1990s was the first real veterans lawyer I ever talked to-except for Ron Abrams NVLSP .

Ken called me because he found my contact info on the CAVC docket sheet the court had just posted -but when he called he found that this was a Writ of Mandamus-he had thought I had a CAVC case re a claim-

We had a great converstation and he certainly knows his stuff.

[carlie]

hurry,

Just keep in mind also as Berta posted - A Request for Reconsideration

does not equate to filing a Notice of Disagreement.

What is the date of the Rating Decision you are considering Requesting

Reconsideration on ?

carlie