Nod Ignored

[broncovet]

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

[LarryJ]

Your Service Officer should be able to contact his/her counterpart in Cleveland to give you assistance when you visit the VARO.

Usually they can set up a face-to-face with the VARO personnel that would help you the most.

I'd give them a chance to help you, before I "fired" them and got someone else (personally, the VVA has been the most helpful to me).

[jbasser]

I dont intend on turning this post into a Who is the Best or worst VSO scenario. If your VSO was any good in the first place your NOD would not have sit idle for 4 years.

Veterans Service officers are a Dime a Dozen and some have bent over backwards to help folks while ignoring others. It is a crap shoot when you get one if he will actually help or not.

Personally I use a VSO as a Secretary only to file and fax and hand carry information.When I signed a POA I wrote on it that I reserve the right to make the final decision on any arising issue.

Broncovet, If you are with someone you do trust, dont fire them just ring their bell a little and have them send someone from their office inside the RO with you.

The Bottom line is this: it is your claim. You must decide which avenue is best for you. Hadit can advise you with a multitude of opinions but eventually you are the one who has to do what it takes to get the claim approved.

I was hoping Hadits rate your VSO section was further along so it would be easier for someone from your area to see who was helpful and who was not.

Best of luck.

J

[Ricky]

It would be interesting to hear a little more background on this one ie......what you claimed, their denial, your response etc......

Also

Why did you get mad and file a writ? Was it because you got your cfile and saw this NOD or have you actively been pursuing the issue along the way? Just curious.

In response to your writ the Sec stated that the paper had been interperted as a claim for benefits. That is strange for they do not have such luxury. The court has ruled that even the most twisted response from a veteran (in an appeal) must be clarified.

As they did respond to the writ and say they "interperted" the document to be a claim for benefits then how did they explain that none had been awarded or denied based upon the document your submitted?

Yes this is going to take a one on one with your rep's involvement to unsnooker my friend.

[broncovet]

It would be interesting to hear a little more background on this one ie......what you claimed, their denial, your response etc......Thanks Rick..In 2002 I filed for hearing loss, depression, TDIU. IN Novermber 2002, they declined hearing loss ONLY, ignoring other claims. Nod filed 12/2002. DRO review "carbon copied" RO decision. Went to BVA January 13, 2004, and was awarded "complete grant of benefit sought". February, 2004, VARO issues decision granting 0% for hearing loss only. Filed NOD March 10, 2004 (the one they ignored for 4 years then said it was interpreted as a claim for benefits).

Also

Why did you get mad and file a writ? I got mad and filed a writ because I thought 4 years delay was long enough, and because I was promised via IRIS a decision in 6-8 weeks, and did not get a decision for more than a year. Was it because you got your cfile and saw this NOD or have you actively been pursuing the issue along the way? I confess that It had been so long I had forgotten about the NOD also, and was reminded of it when I got the c file. Just curious.

In response to your writ the Sec stated that the paper had been interperted as a claim for benefits. That is strange for they do not have such luxury. I agree wholeheartedly, and that is at least part of the reason I filed a writ. The court has ruled that even the most twisted response from a veteran (in an appeal) must be clarified. Agreed.

As they did respond to the writ and say they "interperted" the document to be a claim for benefits then how did they explain that none had been awarded or denied based upon the document your submitted? I filed a writ, they answered. HOwever, they did not respond to my response to their answer. The judge took the VARO testimony over mine, and now I have some strong evidence that shows they committed perjury in their testimony to the CAVC.

Yes this is going to take a one on one with your rep's involvement to unsnooker my friend. It seems this problem is hard to fix. I send paperwork to the regional office and I think they shred anything that does not support their agenda. I may be crazy, but it seems like Cleveland Regional Office has a personal vendetta against me, probably because I am outspoken and a whislte blower.

Thanks for listening, I put my answers to your questions in BOLD.I am seeking advice..thanks hadit people. ..Broncovet

[broncovet]

Does the NOD have the date stamp on it from the RO that you submitted it to? Yes, it has a regional office date stamp. If so then they have very little wiggle room. however, if you do not have the date stamp on the NOD you have zero wiggle room. Having the Appeals stamp on the NOD will carry no weight in regards to helping your claim. This tells me that it was interpreted as a NOD but got put in your c-file and forgot. I agree that my NOD was forgotton, they brought up the "interpreted as a claim for benefits baloney" only 4 years later, when I filed a writ of mandamus. They now know they made a mistake and hope you forget like you did before, but don't stop if you have the date stamp on the NOD because this will win in the end if you keep up the fight. I am keeping up the fight! Yes, I agree they know they made a mistake, but wont admit it, and are hoping I die or just go away. Even if I do die, I am giving instructions to my wife to keep on fighting. It isnt just about me..I have college age kids who SHOULD be eligible for Chapter 35 benefits. In 2002, when I applied, I had an 18 year old son. Now, he is 25 and too old to get Chapter 35, because the Regional Office jerked me around for almost seven years.

Without the date stamp on the NOD you have about a 50/50 chance of winning even if they were at fault,as evident by the decision of the writ. The Secty. has the authority to ultimately dismiss obvious CUE'S if he so choses. And if you made the VA mad at you their is a good chance that this could have played a part in your writ going bad. Yes, I am pretty sure I made them mad..I understand writs are almost never granted, but it stirs up the pot and gets the VARO off their duff.

The Vet and the VSO should be a team, and a team is only as good as it parts. Many VSO'S have hundreds of Vets they represent and simply cannot remember every Vets case. Remember they are not private attorneys they can't turn down Vets if they have too many cases and are overloaded. If it was my claim I would stay in contact at least monthly with a VSO. If you can't get him or her when you need them then get another one. Part of my disability is depression and poor relationships. This includes bad relationships with VSO's, VARO's, etc. I am not a "but kisser" and tell people when I think they are full of it. Its probably too late for me to try to be a nice guy now.

Thanks for listening..my reply is in bold.

[RetiredVet]

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

Concerning NOD's.

http://www.access.gpo.gov/nara/cfr/waisidx...38cfr19_00.html

No way we could know all of this. I get mixed up on what day or time it is.