Helping A Vietnam Vet

[Jim MAC]

any suggestions on this NOD would be greatly appreacted

jim

Department Of Veterans Affairs

VA Regional Office

210 Franklin RD

Roanoke VA 24011

Dear Sir

RE xxxxx

CSS xxxxx

1, I received the 2 letters both dated February 12, 2009. This letter is to inform you that I have no other evidence to submit at this time and to please rate my appeal as soon as possible.

2 xxxxxxxx, Provost of xxxx University said in her statement that my employment ended in the Voluntary surrender of the xxxxxxx Center FAA certificate which resulted in the closing of the center. What she did not state is that my staff and I were fired and that the center is in the process of being reopened. xxxxx UNIVERSITY SURRENDERD its FAA certificate I did not. I was replaced due to my inability to run the school on a day to day basis. The xxxxxn University xxxxx center is now is the planning stages to be reopened and under a new director. This can be verified with a simple phone call to the xxxxxxx center the number is (xxxx) xxxxxxxx

3. Please consider this a hardship request as and make my decision ASAP as I am unable to find employment due to my service connected disabilities and I am now 2 months behind on my house payment. I fully intend to continue to appeal any further denials of this claim

V/R

xxxxxxxx

VA Claim Number xxxxxxxxxx

[broncovet]

Jim

I do have a suggestion. There are 4 basic requirements for a NOD:

1. Veteran must give date of disputed decision.

2. Veteran must express dissatisfaction or disagreement with said decision.

3. Veteran must express desire to contest the result. One way to do this is to specify you want either a) DRO Review DRO HEARING c) you want to skip DRO step and proceed to the BVA.

4. Veteran must specify the issues he is in disagreement with.

Here you need to be very specific as to why you disagree with the decision..Cite Evidence, doctors reports, medical tests, etc to support your NOD.

When you do your NOD, I would make sure you have all 4 of those elements. Altho not required by STatue, I think it is a good idea to Write "Notice OF Disagreement" on the top.

In my case, the VA effectively "denied" my Notice of Disagreement by "interpreting it as a claim for benefits". This "interpretation" has caused me 5 years of limiting my VA benefits, so I recommend you do everything in your power to keep the VA from doing that to you.

[sharon]

any suggestions on this NOD would be greatly appreacted

jim

Department Of Veterans Affairs

VA Regional Office

210 Franklin RD

Roanoke VA 24011

Dear Sir

RE xxxxx

CSS xxxxx

1, I received the 2 letters both dated February 12, 2009. This letter is to inform you that I have no other evidence to submit at this time and to please rate my appeal as soon as possible.

2 xxxxxxxx, Provost of xxxx University said in her statement that my employment ended in the Voluntary surrender of the xxxxxxx Center FAA certificate which resulted in the closing of the center. What she did not state is that my staff and I were fired and that the center is in the process of being reopened. xxxxx UNIVERSITY SURRENDERD its FAA certificate I did not. I was replaced due to my inability to run the school on a day to day basis. The xxxxxn University xxxxx center is now is the planning stages to be reopened and under a new director. This can be verified with a simple phone call to the xxxxxxx center the number is (xxxx) xxxxxxxx

3. Please consider this a hardship request as and make my decision ASAP as I am unable to find employment due to my service connected disabilities and I am now 2 months behind on my house payment. I fully intend to continue to appeal any further denials of this claim

V/R

xxxxxxxx

VA Claim Number xxxxxxxxxx

3. Request you accept this a claim for HARDSHIP. I am in jeopdary of losing my house as I am now 2 months behind in my house payments. Since I have become unemployable, due to my service connected _____________________ (You need to list the conditon that impeds his ability to work. You have to be specific with your request) I have becomes insolvant. As such, please expidate this claim. (The fact that a person can not find a job does not mean that hey are unable to work)

[Berta]

I assume this is the 30 response form?

I think it is a Very good idea to list on this form and tell them exactly what evidence they have (or should have)

amd make sure you tell them of anything they did not list as evidence in the decision and then refer to it and enclose it again.

I agree completely with broncovets advise -the NOD should be separate from this response form.

A NOD can become a very viable avenue of attack.

You did raise some good points in the NOD you posted here-

send any evidence you can to support what you stated.

Sharon is right too- send them any evidence that your home is in jeopardy etc-

so many people these days are behind in mortgages etc that they might not consider what you said to be strong enough for hardship. Tell them anything else they need to know- has your electric co threatened shut off? things like that- enclose the shut off notice etc.

Also this appears to be a TDIU claim so as Sharon said-

focus on exactly why the SC disability renders you unable to work.

Such as side affect of meds,--- do not take and drive, do not use heavy equipment, can cause confusion., etc and personnel problems that ypur disability might have caused you at work, etc-any accomodation problems to your disability, and if VA Voc Rehab has ever turned you down DUE solely to you SC-make sure they know that and provide those records.

A vet who is un Voc Rehabable per VA voc rehab solely due to their SC is a TDIU vet who should receive TDIU 100% comp.

[Jim MAC]

I assume this is the 30 response form?

I think it is a Very good idea to list on this form and tell them exactly what evidence they have (or should have)

amd make sure you tell them of anything they did not list as evidence in the decision and then refer to it and enclose it again.

I agree completely with broncovets advise -the NOD should be separate from this response form.

A NOD can become a very viable avenue of attack.

You did raise some good points in the NOD you posted here-

send any evidence you can to support what you stated.

Sharon is right too- send them any evidence that your home is in jeopardy etc-

so many people these days are behind in mortgages etc that they might not consider what you said to be strong enough for hardship. Tell them anything else they need to know- has your electric co threatened shut off? things like that- enclose the shut off notice etc.

Also this appears to be a TDIU claim so as Sharon said-

focus on exactly why the SC disability renders you unable to work.

Such as side affect of meds,--- do not take and drive, do not use heavy equipment, can cause confusion., etc and personnel problems that ypur disability might have caused you at work, etc-any accomodation problems to your disability, and if VA Voc Rehab has ever turned you down DUE solely to you SC-make sure they know that and provide those records.

A vet who is un Voc Rehabable per VA voc rehab solely due to their SC is a TDIU vet who should receive TDIU 100% comp.

Thanks All

But we have been overcome by events. When we did the intial NOD in January I never thought Roanoke RO would move this quick. He got a letter in the mail today advsing him that his hearing is scheduled for April 30th. Man he got a hearing date in less the 4 months we did send in copys of his late house payments thou.

Jim

[Berta]

WOW that is fast---

I meant the 30 day response in my post-

As you all know and I even posted the Federal Register statement here some time ago-

the VA no longer gives us 60 days to respond to an SSOC- they require receipt of the Response form within 30 days after you get the decision.

You can elect that they go ahead and decide the claim as you have no further evidence (meaning they will just try to send it back to the BVA in many remand cases-

or you can tell them you need additional 60 day period from the decision date in order to respond with SSOC response and more evidence.

In VA doubletalk-they manage to explain the 30 day required response for this form in their cove letter yet the form itself doesn't make that 30 days quite clear at all.

I wonder how many vets or widows thought t-of thy elected they need the 60 days that they have to tell VA this within 30 days-after receipt of the decision.

I swear VA manipulates these generic letters to confound and confuse veterans so that they miss the fairly new 30 day deadline.

So they can deny and say you never responded.

Save all envelopes from the VA as well as whatever they send to you-as these envelopes can have PO dates stamped on them that might be needed at some point to prove that you did respond within 30 days of receipt of their decision even though your envelope might have a date that cuts well into those 30 days.