Denied

[SouthernBelle]

THEY DIDN'T EVEN USE THE LETTER FROM THE DOCTOR!!! WTF?!?!

Here's what my Congressional contact said to do:

File to reopen the claim instead of appealing the decision on the appeal. He said because they failed to use the LETTER from the doctor that it can be considered NEW AND MATERIAL EVIDENCE. I'm so pissed I can't see straight.

Edited October 15, 2008 by SouthernBelle

[SouthernBelle]

Anybody know what form number I need?! I can't find it.

ALSO: How do I cancel the NOD? He said to cancel the NOD.

Edited October 9, 2008 by SouthernBelle

[jbasser]

21-4138 or just write a plain old letter explaining. You should actually see the decision to see why they denied the increase. The evidence they used. really you cant reopen. It has to be closed to reopen and you have 1 year to submit your NOD.

You should NOD and request reconsideration on the above form. They will send you a statement of case and inform you of your options. The faster you hit them the better off you will be.

Good luck.

J

[SouthernBelle]

I have the decision and Statement of the Case right in front of me. They didn't use the letter from the doctor. Our next step, according to the paperwork, is a BVA decision. I CAN'T DO THAT. We're already living without phones, everything we owned worth something was pawned! Our power VERY NEARLY got cut off last month, and if it weren't for my mother, it would have been cut off! I can't wait two years.

21-4138 or just write a plain old letter explaining. You should actually see the decision to see why they denied the increase. The evidence they used. really you cant reopen. It has to be closed to reopen and you have 1 year to submit your NOD.

You should NOD and request reconsideration on the above form. They will send you a statement of case and inform you of your options. The faster you hit them the better off you will be.

Good luck.

J

[Ron II]

Others will likely expound upon this--I recommend you re-file and ask for hardship consideration.

A claim can be put at the top of the pile if there are extenuating circumstances.

Good luck,

Ron

[SouthernBelle]

That's what the Congressional contact said. He also said he'd help with getting the hardship. Freelance work for me has dried up and I can't find anything. Plus, we can't afford daycare and he can't handle the baby for long periods of time, and he's in school, which, by the way, they used AGAINST him!

Others will likely expound upon this--I recommend you re-file and ask for hardship consideration.

A claim can be put at the top of the pile if there are extenuating circumstances.

Good luck,

Ron

[Ricky]

THEY DIDN'T EVEN USE THE LETTER FROM THE DOCTOR!!! WTF?!?!

Here's what my Congressional contact said to do:

File to reopen the claim instead of appealing the decision on the appeal. He said because they failed to use the LETTER from the doctor that it can be considered NEW AND MATERIAL EVIDENCE. I'm so pissed I can't see straight.

belle, in the SOC there is a section titled evidence. Did they list the letter in that section? Also what was the specific reason for denial. Hang in there. I know it is hard but we have all been there and all seemed to work out. We will help you and your husband.