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Nod Ignored

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broncovet

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  • Moderator

I filed a Notice of Disagreement on March 10, 2004. So far, it has been ignored. What can I do about

this? I complained to them and the RO said my NOD was "interpreted as a claim for benefits". However, that statement conflicts with the evidence:

1) ON my NOD which was recieved by the Regional Office, it has "appeals" circled on it by a VA employee (although I cant make out the Employees intitials)

2. I have never received any benefits (nor denied any benefits) with an effective date of March 10, 2004.

Any Advice? Can they just ignore my NOD or misinterpret it and get away with that?

Thanks

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  • HadIt.com Elder

Broncovet, do you have a copy of your c file.

I suggest you get one ASAP.

You may be able to interpet what they did with a copy of the actual file.

It appears to me your claim is still open if it has never been decided.

What a Mess.

J

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  • HadIt.com Elder

DID you get an SOC?

IF you did, did you send in your notice of disagreement within the alloted time?

DID your NOD state exactly what you were disagreeing with?

DID you specifically state that "this is a notice of disagreement" at the top of your NOD?

DO you have a Service Officer or a POA?

DID you file this claim and the notice of disagreement via the SO or POA?

DO you have a copy of your C-file?

IF not, get one. See what it says about your claim. Discuss this with someone.

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Yes, I have a copy of my C file. (That is where I found the NOD since I had forgotten about it in 4 years..It is stamped recieved by the Regional Office, and the word "appeals" is circled.

Yes, the NOD was timely filed (within 60 days of the decision).

No, I never got a SOC.

Yes, I have a Veterans Service Officer.

Yes, I said the decision was in error (there is NO specific wording required on a valid NOD), as well as the date of the decision disputed. (I even put the VA reference number on the NOD!)

I filed the NOD directly to the VARO in Cleveland.

Yes, it is a mess.

I know they "interpreted the NOD as a claim for benefits" because I got mad and filed a writ of Mandamus. The judge ordered the Secretary to respond to my writ. In the Secretary's response, the excuse they offered was that my NOD was interpreted as a claim for benefits (In testimony by the manager of the Regional Office).

The testimony was perjury, for several reasons:

1. It was not interpreted as a claim for benefits, there were no benefits awarded or declined as of that effective date.

2. She claim, in her testimony, that the VARO "did not hear" from the Veteran from 2004-2007. However, I have documents STAMPED received by the Regional office in the alleged "blackout period."

Edited by broncovet
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I think that is good advice Basser. Shall I tell the VARO that I am coming, or just show up? It is about 5 hours away, in Cleveland. Frankly I doubt very much that my VSO will go with me to Cleveland, but I might be able to get a new one in Cleveland, possibly, since they have a bunch of them there.

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  • HadIt.com Elder

If your VSO is no help, Fire them with a revocation of your POA and get another one.

You can use anyone. You need to call the VA ans ask to see them on a personal Basis to clarify an issue and when you get there ask them how you can help them to help you.

Good luck in your endeavor.

J

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