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Failed To File Nod

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John Purser

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The last straw for me with the VFW was when my SO failed to file a NOD within the claim time. Now, a year later I'm filing for recognition of increased disability (the disability arrived 3 years ago!) again. If I win this round is there a path for me to go back and say "I told you this was so in 2006!" and get back disability or is this just gone for good?

Thanks.

John Purser

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if you have no documentation in the interim 3 years to show an appeal or asking someone at the VARO why you haven't heard anything or some effort on your part to follow it up, probably not. I have date stamped documents going back to Nov 2002 showing letters, e mails, filed NODS, letter to Congressman and Senators, the White House and everyone else, so even the DRO told my attorney that my claim is valid back to Nov 2002 on my heart disease even though the RO tried telling me I had not properly appealed it thru the AL or DAV and they had "closed my file" in May 2006 when they awarded my 100% P&T for PTSD despite the fact the very next day I filed a NOD on the fact they had not addressed my heart issues which was filed in Nov 2002 without a paper trail to show you were actively pursuing the claim it is more than likely going to be denied an earlier effective date

The DRO confirmed to my lawyer in August when they denied me again that my claim was active since 2002 and if the BVA awards the claim in Feb 2009 when we finally have the BVA appeal hearing the effective date will go back to 2002 with the very first dated letter I have to the VA, even though we are now claiming my heart problems as secondary to my SC PTSD which was approved in May 2006 with an effective date in Dec 2003

my original SO told my wife and I that we could only file one medical issue at a time and we had to wait for the VA to adjudicate it before we could file for other medical problems, like my most veterans I didn't know any better and we were told that the AL rep was the best in the state. Thru Hadit I learned he was full of it and was lying to my wife and I. Skip and Tom and others told us the right way to do it and in Dec 2003 I revoked his POA and filed the other issues on our own

without a paper trail it will be hard to prove you had an active claim but that is just my 2 cents maybe someone else has other ideas

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Thanks. I was pretty sure I was well and truly screwed when I figured out what happened. My SO told me that immediately disagreeing would "weaken my case" so I should wait a couple of months before filing the NOD. When I came back for my scheduled appointment she was at a seminar so I was told to come back in a week. I did but then she was on vacation for 2 weeks. When I finally saw her she just stared at me. She'd forgotten all about it. Perfect. She never did tell me I'd lost my claim rights. I had to figure it out.

No paper trail. Just a sorry record of me passively taking directions. So I know better now. I hope others are reading and paying attention.

if you have no documentation in the interim 3 years to show an appeal or asking someone at the VARO why you haven't heard anything or some effort on your part to follow it up, probably not. ...it is more than likely going to be denied an earlier effective date

my original SO told my wife and I that we could only file one medical issue at a time and we had to wait for the VA to adjudicate it before we could file for other medical problems, like my most veterans I didn't know any better and we were told that the AL rep was the best in the state. Thru Hadit I learned he was full of it and was lying to my wife and I. Skip and Tom and others told us the right way to do it and in Dec 2003 I revoked his POA and filed the other issues on our own

without a paper trail it will be hard to prove you had an active claim but that is just my 2 cents maybe someone else has other ideas

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As a former VSO for the VFW I can assure you that exactly because of your type of situation I no longer work with the VFW or any other organization. It is always and I think it will always be the organization FIRST and the VET SECOND. I had a lot of conflicts because I put the vet first and foremost and did not wish to promote the VFW. I just help vets from the outside and am happy doing it. Good luck .(VSO for about eight years and did DRO hrgs, appeals etc.) Really hurt when I could not continue in my position. Q

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As a former VSO for the VFW I can assure you that exactly because of your type of situation I no longer work with the VFW or any other organization. It is always and I think it will always be the organization FIRST and the VET SECOND. I had a lot of conflicts because I put the vet first and foremost and did not wish to promote the VFW. I just help vets from the outside and am happy doing it. Good luck .(VSO for about eight years and did DRO hrgs, appeals etc.) Really hurt when I could not continue in my position. Q

Hey Q:

Great to have someone of your expertise on this site. Thanks for your help. It's disheartening that the VSO's aren't what they should be, but it is blatantly obvious now. I got a guy who was a rating officer for the VA helping me. He started to charge people now, but I think he is better than a lawyer, because he knows the system inside and out.

s/Mags

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