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No Nod...totally Screwed

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sjh4951

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Looks like my late husband never filed a NOD to his ptsd denial although he did submit new evidence within that time frame.

All this worry about the va not accepting the amended 214 and now I find it's the lack of NOD that got my claim for accrued screwed up. Bill had a rep for his claim...why did the vet rep not tell us that a NOD was needed???? How were WE suppose to know that a NOD was needed??

Not to mention the last denial stated that Bill had one year from that date to submit and now I'm being told that that was an administrative error and the date was actually 6 months prior to that. All this down the drain because proper procedure was not followed?? I'm so upset.......all those years he (and my children and I) suffered from ptsd and this is how it ends, all over because of one missing form? For all I know he did send it and it was shredded...regional is Columbia so who knows?

Anyone have any advise........I'm not ready to give in or up.

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  • HadIt.com Elder

sjh4951- I am sorry for your loss. If you are attempting to continue your late husbands claim/s I am afraid it will be difficult under the general impression I got from your post. Off the top of my head you would have to plausibly show and prove three issues-

(1) that you have new and material evidence to re-open the original claim.

(2) that your late husband PTSD is service connected.

(3) that PTSD caused your husbands death.

The underlined issue is that the veterans claim dies with the veteran.

Again, I am sorry for your loss.

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sjh4951- I am sorry for your loss. If you are attempting to continue your late husbands claim/s I am afraid it will be difficult under the general impression I got from your post. Off the top of my head you would have to plausibly show and prove three issues-

(1) that you have new and material evidence to re-open the original claim.

(2) that your late husband PTSD is service connected.

(3) that PTSD caused your husbands death.

The underlined issue is that the veterans claim dies with the veteran.

Again, I am sorry for your loss.

Thanks for your reply.

1. I did submit new and material evidence..his amended 214 to now show the combat action ribbon

2. VA stated that he did have a confirmed diagnoses of PTSD

3. No, he died from cancer but did have ptsd for atleast 10 years prior to death although he did not file a claim for it

until 2004. I do have evidence (tons) to show that he was disabiled since 1991 due to ptsd service related.

Some widows do manage to win ptsd claims that were pending at time of death...if it hadn't taken 2 years to get the amended 214, my late husband would have won his claim. A combat award was all the va was asking from him but he couldn't give them something that he had not yet received although he tried desperately to get that amended 214 before he died..even had our congressman involved. Not fair...

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  • HadIt.com Elder

My most positive thoughts are with you and your family, especially during this holiday season. I'm new to Hadit and obsolete to the ever changing ways of the VA. With too many unknowns for me to try to understand, I have confidence in Pete 52 and Poolguy's judgement When I learned your late husband had submitted new evidence within the time limit, I was hopeful that the VA would accept the new evidence and keep the claim going. Perhaps some loop hole that they would accept to keep the time line. Then there are other matters to understand, Cause of death, A.O. claim and the unfinished PTSD claim. I am saddened and concerned for you and the widows across this country who took care of our wounded and disabled troops, for years and years after active duty. Only to have this additional burden for you to deal with. Pete 53's recommendation to revisit your congress person is solid advice. You have been to your Congressman's office before. So, you can do it again. Is there anything they can do to support your request that the VA give you the benefit of the doubt on the misunderstanding of the new evidence and the other factors, that you mentioned in your posts here. I pray for the miracle that you truly deserve.

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  • HadIt.com Elder

sjh4951- your recent posting about your late husbands claim- having revealed more information still has at least two major pitfalls. However, with that said I will spend some time doing case studies to see if you have a possible claim. If you can, post the following info (if you want to):

1. When did you submit new and material evidence..his amended 214 to now show the combat action ribbon.

2. The date of the original claim.

3. The date in which the "VA stated that he did have a confirmed diagnoses of PTSD". Most likely the decision letter.

4. What is the evidence you have "(tons)" to show that he was disabled since 1991. Don't be specific, just stay medical documents, your statement or otherwise.

5. Look threw all communication from the VA and see if anywhere there is any mention of "deferred decision".

6. Also his dates of service.

Edited by poolguy11550
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  • Moderator

You can still file the NOD now..only you have to prove Clear Unmistakable Error. (CUE does not have the one year time limit.)

One of the easiest ways to Prove CUE is to prove that certain evidence was not considered in the decision. Remember, you have to PROVE it. Go get the medical file. Get all the applicable decisions..approval, denial, mixed, etc. Pour over them, with the medical file, looking for instances they did not consider something in the decision..then file a cue claim.

Remember, you can file for "special claims handling" if you have reason to beleive that evidence was shredded, as it was with AT LEAST 500 Veterans in 4 regional Offices. In my opinion if 4 regional offices shredded Vets files, so did most of the other 53 Regional Offices.

GO to your Veteran Service Rep. They KEEP copies, many times, of evidence you submitted through

them.

Then ask for a complete copy of your file.

Then make sure the Regional Office copies are the same and not missing stuff. if there is missing stuff, that the Veteran Service REp sent, but not in the copies of the C file from the VARO, then you got em.

dont give up.

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