Time Limit For Nod

[maxwell18]

Does anyone know how long you have to do a NOD or any other actions. My case is I claimed sleep apena back in 1998 and was denied. I had mentions of OSA, sleep problems, snoring, stop breathing while on active duty, all of this denied. After retirement, had a sleep study done 2005, servere sleep apena. I submitted this and the VA said it was not new evidence. Sleep study 2005 not new? By the way my heart stopped twice while in hosp for possible heart attach, ended up with pace maker. Any ideas?

Thanks

[Ricky]

did you have a sleep study in 1998? If not then I do not understanding their reasons.

You have 12 months from the date of the original decision to file a NOD.

[yoggie2]

1 year as Ricky stated to file the NOD but I recommend soon as you get it helps to keep them from trying to restart your effective date of your original claim. I see people wait but I don't understand why when its such a problem, but I guess there must be a reason.... Rick

Edited October 21, 2008 by yoggie2

[maxwell18]

This is maxwell, also in my question, I know I had 1 year to file to NOD, I was wondering how to re open a claim that was closed and still keep the earlest start date because of the later sleep apena test proving that in fact I did have sleep apena problems back to active duty. No sleep test was ordered, back, then I think sleep apena was over looked specially people on active duty. Could this be a case CUE?

Thanks

[Berta]

You need "new and material" evidence to re-open this claim.

Evidence they have never seen before.

Did they overlook evidence in the SOC?

If I were you I wouldnt even consider CUE at this point because you have to prove the Sleep apnea should be service connected with a re-opened claim.