Stupid Question About Timeline For Appeal

[yelloownumber5]

I know this is a stupid question but when your claim is denied doesn't it say you can do the NOD and an appeal which is says you have one year from the date of the denial to file an appeal it also does say (and only on your denial) that a NOD does not extend you time line for the appeal, so if claim denied 1/1/2008 you have one year from the date of the denial to file appeal now matter if you file NOD or not. But if you file a NOD and they are denied it again says you have one year from the date of this denial to file an appeal. However, that is not true........but why is it?

Besides irresponsibility and laziness of the VA? I just ask because it was actually my VSO who did my NOD for a few things and maybe 2 out of 4 were approved so he said I had one year from the date of the NOD approval/denial to file for an appeal, so it is time to get appointments in line, evidence and build the case more so...........well he still did file my appeal because he did not realize this until they said NO NO NO because I ran over my time limit. Since the VSO filed this is there anything that can be done........he was to ask the VA and explain what happened but never called me back.

Thanks.

Edited October 7, 2008 by yelloownumber5

[yoggie2]

Yellownumber5, it differs from place to place and backlog to backlog. If I had to put a guess on it I'd say 16month at the longest some VARO are faster than others and some VARO's are just plan f'd up so the long and short of it is, it depends on where you are located and how long the backlog is and if you are a Veteran of the current conflict or of past it all affects your claim. So if you catch a look at the chart passed around I would not pay it no mind because it will let you down or break your heart.........

Edited October 7, 2008 by yoggie2

[Ricky]

The NOD process is the first step in the appeals process. You have one year from the date of the original denial to file the NOD.

Once filed you will be given the opportunity to either have your disagreement heard via the DRO process or the normal appeals process (BVA). If you select the DRO process and you claim is still denied you have 60 days from the date of the SOC that will be issued by a Decision Review Officer.

Keep in mind that the submission of a NOD is the begining of the appeals process. And all appeals must begin with a NOD.

Edited October 8, 2008 by Ricky

[yelloownumber5]

Thanks.

Ricky,

Right, I just reread the paperwork........but see my County VSO filed everything and he stated "you have one year from this (SOC) to file the appeal form 9" and in fact it does say 60 days. He (VSO) not I filed the Form 9 which shows he was confused.

Is there anything I can do or should I just say......okay he errored and now move on to re-open my claim. It's just annoying but one item was already service connected but at 0 percent for bi lateral carpal tunnel. I'm not blamming him but trying to ensure myself of what I need to do next.

I started a database in access to ensure to track the claim, approval, denials, nod, soc's, form 9with the deadline dates versus having all the papers that look the same to me........but that is why I use t he VSO.

Also my VSO says to always do the DRO Review........If you are going to appeal that takes more time but thoughts of good or bad idea?

I believe he said I have up to one year from the denial to submit evidence........now if I'm denied and send more evidence does that same rater look at this? So then if I wait until 6 months into the time frame then ask for the DRO review that DRO will have everything.......then I file the appeal (form 9) everything goes up........is there a bad time to submit an IMO for a claim? Also If I appeal does everything have to be in my Cfile by that time of the hearing? or am I allowed to bring new evidence?

I'm just confused.......because my original claim several things were denied. I understand things are overlooked but when you didn't have guidenance you don't know, I filed my original claim thru the same VSO, he didn't say hey get the copies of the applicable items and highlite them, do a cover sheet put them in chronological order and write a statement in support of claim, I did this after my BP was off the charts........I submitted no new evidence but highlited and resubmitted evidence they already had and half of it was approved....so how do I trust my claim was denied fairly. I don't know how much weight the C&P's have but for an example with my carpal tunnel......my fingers went numb when he did the test and I had an EMG to show I have CTS and another test...........but he the C*P wrote they did not go numb.........also wrote they do not affect my job which was another untrue statement he put.......that is why I got PO'd and was going to appeal.

In regard to GERD what is considered an "considerable impairment of health condition", I've gone to the ER because I thought a heart attack was going on.......can't sleep from throwing up got put on sleeping pills (although I do also have insomnia but the GERD is what broke me down). I know that is an interputation but there has to be hints and clues of what they look for.

Thanks again.

The NOD process is the first step in the appeals process. You have one year from the date of the original denial to file the NOD.

Once filed you will be given the opportunity to either have your disagreement heard via the DRO process or the normal appeals process (BVA). If you select the DRO process and you claim is still denied you have 60 days from the date of the SOC that will be issued by a Decision Review Officer.

Keep in mind that the submission of a NOD is the begining of the appeals process. And all appeals must begin with a NOD.

Edited October 8, 2008 by yelloownumber5

[Berta]

Maybe this case will show what we mean-this came up in another post recently:

http://www.va.gov/vetapp08/files1/0806926.txt

I had a denial in 2004 but didnt file the formal I- 9 until 2006- I gavce the exact wording of my BVA remand to show why my appeal was timely-

I do NOT advise anyone pushing the regs that way-unless you feel you can-=with full legalise-

An IMO should be sent to the VA YESTERDAY

meaning whatever evidence you got-make sure they have-ASAP

By sending more evidence this can generate an SSOC or even more than one SSOC-I think I got 2 or 3 for a claim years ago-but the one year limit- except for extraordinary circumstances - as I explained in my post-I asked the first decision to be CUED -and they cued it-

should be followed through on 99% of all claims appeals--

I think you should take a look at your POA file-

something seems wrong here-

"well he still did file my appeal because he did not realize this until they said NO NO NO because I ran over my time limit"

who said you ran over the time limit- I have a funny feeling about all this-

"Since the VSO filed this is there anything that can be done........he was to ask the VA and explain what happened but never called me back."

How do you know he filed this?

I dont buy what he is selling- do you have a copy of your C file or at least the most recent submissions to it?

You have the right to see (and in my case NYSDVA)to get a copy of your entire POA file.

I just requested a second copy of my POA to see what is missing since last time-when I found out they lost my CUE NOD.

I even requested copies of what one of their offices apparnently sh-t canned as soon as they got the stuff-

I have all my USPS tracking slips on that -numerous evidentiary submissions-

their lawyer is presently fihurging our how to comply with my request-

send it under 5,USC 552, FOIA and Privacy Act or make an appoitment to go there and see what is what in your POA file.

Edited October 8, 2008 by Berta

[yelloownumber5]

Berta,

"Maybe this case will show what we mean-this came up in another post recently:

http://www.va.gov/vetapp08/files1/0806926.txt"

Yes Ma'am,

I understand that now and that is moreless what the VA said in their letter to me which I gave to my VSO and is scratched his and and pulled the file and submitted something and was to get back to me but never did for about 4 months so far......I was going by my VSO's word but from the past I guess I should not have. I am not able to clearly think and sometimes the paperwork all seems the same to me, therefore I seeked the assistance of my County VSO and filed the POA with him.

"I think you should take a look at your POA file-

something seems wrong here-"

I do have a copy of my Cfile. In there is a note saying I exceeded the time to file the appeal, I received a letter from the VA sating the same. My County VSO was the person that filed the form 9, I went on his word saying I had a year from the date of the denied NOD to file for an appeal. I understand that in fact you have the 60 days from the SOC or 1 year from the Denial.

"who said you ran over the time limit- I have a funny feeling about all this-"

The VA denied the appeal (form 9) that my VSO submitted because it was outside of the time frame.

"How do you know he filed this?"

I will go back thru my Cfile, I believe there is a copy in there and a note on the bottom of a VA paperwork saying form9 filled but not within time limits, but as well I will go see my VSO.....I need to drop off my sleep apnea claim anyhow. While I was with the VSO inquiring about why the VA denied this, since the VSO told me I had until early this year for the appeal.......he pulled some paperwork out of my file and seemed to think it still should have been approved for what ever reason, he did say he would contact the VA and see what was going on and would call me. I guess no call means he was at fault but I will try to get over and see him in the next week. I will just ask him and if need be look at my file, they are or seem pretty good about this type of stuff........do I need anything else to watch for?

"I dont buy what he is selling- do you have a copy of your C file or at least the most recent submissions to it?"

I do have a complete copy as of late 2007.

I just think since he is trained by the VA or certified/blessed by them, if he screws up your timelines there should be something he can do to have this forgiven and continue with the appeal.

You have the right to see (and in my case NYSDVA)to get a copy of your entire POA file.

I just requested a second copy of my POA to see what is missing since last time-when I found out they lost my CUE NOD.

I even requested copies of what one of their offices apparnently sh-t canned as soon as they got the stuff-

I have all my USPS tracking slips on that -numerous evidentiary submissions-

their lawyer is presently fihurging our how to comply with my request-

send it under 5,USC 552, FOIA and Privacy Act or make an appoitment to go there and see what is what in your POA

[Ricky]

Thanks.

Ricky,

Right, I just reread the paperwork........but see my County VSO filed everything and he stated "you have one year from this (SOC) to file the appeal form 9" and in fact it does say 60 days. He (VSO) not I filed the Form 9 which shows he was confused.

Is there anything I can do or should I just say......okay he errored and now move on to re-open my claim. It's just annoying but one item was already service connected but at 0 percent for bi lateral carpal tunnel. I'm not blamming him but trying to ensure myself of what I need to do next. You should blame him. He is a trained and paid VSO. Now with that said, if you missed the timeline I do not think you will be able to do anything other than to start over. Once you succeed with your claim then go back and attempt to change the effective date.

I started a database in access to ensure to track the claim, approval, denials, nod, soc's, form 9with the deadline dates versus having all the papers that look the same to me........but that is why I use t he VSO.

Also my VSO says to always do the DRO Review........If you are going to appeal that takes more time but thoughts of good or bad idea? Excellent idea. It gives you one more chance at the RO level and if you request a DRO hearing it puts a face on your claim which helps to gain that award if you have a valid claim.

I believe he said I have up to one year from the denial to submit evidence........now if I'm denied and send more evidence does that same rater look at this? So then if I wait until 6 months into the time frame then ask for the DRO review that DRO will have everything.......then I file the appeal (form 9) everything goes up........is there a bad time to submit an IMO for a claim? Also If I appeal does everything have to be in my Cfile by that time of the hearing? or am I allowed to bring new evidence? If you have new evidence that was not reviewed during the first look yes you can submit it and ask for a reconsideration - but it must be new evidence also keep in mind that the 1 year clock ticks on even if you ask for a reconsideration so do not forget to file you NOD within 1 year from the denial. And no everything does not have to be in the file prior to a hearing. You are authorized and encouraged to bring any new evidence to the hearing. The purpose of the hearing is to allow you to argue your claim and submit new evidence.

I'm just confused.......because my original claim several things were denied. I understand things are overlooked but when you didn't have guidenance you don't know, I filed my original claim thru the same VSO, he didn't say hey get the copies of the applicable items and highlite them, do a cover sheet put them in chronological order and write a statement in support of claim, I did this after my BP was off the charts........I submitted no new evidence but highlited and resubmitted evidence they already had and half of it was approved....so how do I trust my claim was denied fairly. I don't know how much weight the C&P's have but for an example with my carpal tunnel......my fingers went numb when he did the test and I had an EMG to show I have CTS and another test...........but he the C*P wrote they did not go numb.........also wrote they do not affect my job which was another untrue statement he put.......that is why I got PO'd and was going to appeal. No telling about the fairness. C&P's carry a lot of weight and if you do not have other medical evidence to counter them then they are the entire weight of the claim whether it be a denial or approval.

In regard to GERD what is considered an "considerable impairment of health condition", I've gone to the ER because I thought a heart attack was going on.......can't sleep from throwing up got put on sleeping pills (although I do also have insomnia but the GERD is what broke me down). I know that is an interputation but there has to be hints and clues of what they look for. Not sure what you are asking here cause it appears that your symptoms provide for a considerable impairment of health. Insomnia, regurg of food, etc..... they also look for symptoms such as gerd that cause chest pain and pain in the upper back. What was the exact reason for denial?

Thanks again.