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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Tayo

Submission Of Nod

Question

Hello,

Well, I must say that this message is not a good one for me. I am really sad and disappointed,,, to the point of tears. :P

On 11/21/2008 and 12/06/2008, I submitted inquiries about my claim through I.R.I.S. I did not get any response. So, I did the next best thing,,, contact my Veteran Service Rep. I emailed him yesterday to see what was going on with my NOD. --

He responded and said that he could not locate my NOD!!! this is how the email went:

Sent: Thursday, December 18, 2008 4:17 PM

To: "Veteran Service Rep."

Hello Mr. "Veterans Service Rep.",

This is "Tayo" again. I hope all is well.

1. I am writing again to see if you have any more information concerning the competency proposal. If you

can remember, I submitted a letter from my Neurologist stating that I was competent to handle my VA Benefits.

---I attached of copy of that letter for a quick reference.---

2. Also, do you have any information concerning the Notice of Disagreement I submitted on August 18, 2008?

---I attached a copy of the dates NOD was submitted.---

I tried submitting questions through the IRIS system. Actually, I submitted questions on 11/21/2008 and 12/6/2008; never got a response.

Once more,,, thanks for all your continued help. I'm not sure how often you hear this but, "you are greatly appreciated."

Veteran,

Tayo

-----------

Date: Friday, December 19, 2008, 8:18 AM

"Tayo":

I checked on you claim concerning the incompetency issue. It's still in the rating board. As far as you NOD submitted

on 8/18/08 I don't see it. You can send another copy of the

NOD so we can get it in. Hope you have a Merry Christmas and a Happy New year.

"Veteran Service Rep."

-----------

Mr. "Veteran Service Rep.",

Thanks so much for responding so quickly.

1. I have attached copies of the submitted information.

2. Should I also bring copies into the VA?

3. Since the original submission stamp is for August 18, does that date still stand?

Once more,,, thanks so much for responding so quickly.

Sincerely,

"Tayo"

------------

Everyone,,, I am so lost for words!!! I mean,,, ,,, :blink:

I do not know what to do.

Someone, please help me. I really need some help.

B)

Tayo

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Go to the VARO as soon as you can and ask them to make sure they have a copy of the paperwork you already submitted. It appears to me that your Service Rep is to busy to walk down the hall and verify what is there.

Sorry to be harsh but its your claim and even if no one else does theor job you have to make sure everything is done.

Good Luck

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Thanks so much Pete53,

I did go to the VARO. I found out my NOD has been """misplaced."""

What is hard for me to understand is -- not only is the original August 18, 2009 NOD misplaced, but also the "Statements in Support of Claim Form's" dated September 14, September 20, September 29, November 3, and November 18 were all "misplaced."

This is just so strange to me. How in the world does this happen? Every single form ,,, all 6 of them,,, all of which were submitted on different dates,,, all of these forms have been "misplaced?"

That just does not make since to me. :D ;) :(

At any rate,,, as I said, I did go directly to the VARO. There, I handed "ALL" my information to my Service Rep. He actually is a nice guy. I did not ask why he couldn't print the information out himself ---keep in mind,,, it is imperative that I stay """nice""" . He said that he will walk the information to the correct people. He and I sat at his desk,, he did search for my information.

Still, this is just unacceptable. :(

Tayo

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Its happened enough to be worrisome that our paperwork is misfiled by the VA.

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Im goign through that process now. My VSO rep supposedly sent in my NOD for an increase on November 10th. I saw her fill out the paperworka dn put it in the outgoing bin, I think to be mailed. When I filed an IRIS inquiry about 3 wks later, they stated they ahd not rec'd it. I started getting really worried as I only had 1 day left. I sent an sngry email to my VSO asking wtf was up? they stated tehy sent it. I said today is the last day!!! they stated they had a rep down at the VARO and would hand walk it in, on Dec 10th, 2008. I sent a NOD myself jsut in case on the 10th. It was supposedly rec;d on dec 17th or so. Im not sure if thats mine or the VSO's? I'll need to verify it. Umm, I do know I got in the mail on the dec 10th a letter from VA about it. stated had not rec'd NOD and what info I needed if any. I sent in a form that stated all has been submitted and decide case ASAP and not wiat another 30 days for additional evidence. The confusing part for me, was wouldnt you know they call me on dec 11, th and ask me to set up C&P exam. I say I can come anytime, since Im not working. I havent worked steady in almost 2 yrs. I did the appt on dec 11tha nd it was transmitted the next day, mihc to my delight. I filed another iris inquiry and was todl it is in the hands of the appeals team. They stated it may take 12 to 24 months to adjudicate my claim, Im now like wtf! why so long? I did DRO review by De novo process, isnt that supposed to be the quickest otehr then full out appeal and hearings?

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Is the request for De Novo Review completely separate from the NOD, itself. And, the De Novo Review completely different from a Request for Reconsideration? This is new technical stuff I'm not familier with.

From what I have read, in 2001 the VA published a final rule that permits any claimant who files a notice of disagreement (NOD) to obtain a de novo review (a new review without any deference given to the decision being reviewed) before deciding to continue with the appeal process. This is an optional, additional procedure that will be conducted between the filing of the NOD and the VA's issuance of the statement of the case. In order to obtain this de novo review, the appellant must request it within 60 days after the VA mails the notice of the right of such review. If de novo review is requested the appeal process would be suspended until de novo review is complete. Otherwise, there is no change in the VA appeal process. The de novo review procedure does not place any limitation on the existing right to have a hearing at any time on any issue. The de novo reviews will be conducted by decision review officers, Veterans Service Center Managers, or Adjudication Officers. The de novo review process gives the claimant/appellant a "second bite of the apple" at a relatively early time in the claims adjudication process. A lot has changed since I went through a new claims process. Back in the old days, I would file the NOD, wave the review or reconsideration, ask for the statement of the case and request a formal hearing with traveling BVA. That was the fastest way I experienced back then. What's the deal with this new novo stuff? Does it really help???

Edited by Commander Bob 92-93

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