Nod Or Cue

[Papa]

When I filed my initial claim for DMII the DAV SO ask for my doctor's name and phone number. The claim was denied as they did not seek the medical records as there was no address. I went back to the DAV SO and she filed a NOD. Received a call today from the DAV SO and was told that it could take up to 2 years. Should this been filed as a CUE, as it was just a clear error and mostlu on my part. Or, can we only file a CUE when the VA makes a mistake?

Papa

[jbasser]

Filethe NOD and proceed. The Rep you are talking to does not sound like the sharpest person and that is being nice.

Nod, present the evidence from the Doctor, get a copy yourself and submit it if you can. Dont rely on the VA to do anything, They use this as excuses to delay and deny your claim because it cost you waiting time. Dont play into their hands.

Do their job for them and help as much as you can.

Only use the VSO as a copy boy to send in info ( Afer you have already sent it) remember it is your claim and your livlihood. Dont depend on anyone else.

J

[sharon]

It will be quicker to send the medical documentation and ask for a reconsideration. That way it will go back to the rating board. You have a year to file a NOD. The reconsideration should be done in about 4 months. If it is not completed within your year to file the NOD then file the appeal.

[Ricky]

There is no CUE. Although the SO appears to be a little lacking she is following the correct path.

Sharon is 100 percent correct in that you should obtain the record yourself and ask for the reconsideration. Simply attach the records, explain that your SO has already submitted a NOD, however, since there was a mix up with the medical records during the original review you are attaching them and asking that they reconsider the orginal rating as the records are now available and attached.

[broncovet]

CUE is irrelevant, because it is within one year of your decision. If you file a NOD within a one year time period, then you need not meet the strict Cue standard. I agree with Sharon and clown man (you should file a Motion for Reconsideration), except that if your motion for reconsideration is not resolved in 11 month and 3 weeks, then file a NOD to preserve you appeal rights and make sure you do NOT have to meet the strict CUE standard.

Edited September 13, 2009 by broncovet (see edit history)

[Berta]

I sure concur with everyone here-

This is definitely a case where a Reconsideration Request is appropriate.

But mark your calendar for the NOD limiting date- one year after the date of the decision.

I mentioned here before a BVA case in which a vet rep sure did the right thing.(from DAV I think)

Vet filed Recon Request but he didn't file NOD within the year.

His rep however had sent a supporting statement to the VARO asking them to be sure to consider his statement as a NOD if the reconsideration request was not resolved within the NOD time frame.

The BVA considered the rep's statement to be formal NOD and they remanded the claim.Otherwise the vet would have been back at day one and would have lost his/her EED.

Unfortunately we dont get access to VARO decisions-I hope the vet succeeded on remand.

[carlie]

When I filed my initial claim for DMII the DAV SO ask for my doctor's name and phone number. The claim was denied as they did not seek the medical records as there was no address. I went back to the DAV SO and she filed a NOD. Received a call today from the DAV SO and was told that it could take up to 2 years. Should this been filed as a CUE, as it was just a clear error and mostlu on my part. Or, can we only file a CUE when the VA makes a mistake?

Papa

Papa,

When did you get this denial ?

carlie

Edited September 13, 2009 by carlie (see edit history)

[john999]

I think the fault here lies with your DAV guy. You always have to supply the name and address of your doctor that you want the VA to contact for information. Papa, if you are a RVN vet I don't think this thing should take long if you have current diagnosis of DMII. It took me about 9 months from the time I filed until the time I was awarded SC for DMII. If you claimed DMII all you need is to go for a C&P exam. Do you have any current VA medical records that DX DMII? Your DAV VSO dropped the ball. I would drop him/her. DMII for RVN vets is just a slam/dunk if you have the diagnosis. The only question would be your rating. Be sure to include any secondary conditions from the DMII. Even the DAV should not be able to blow a RVN DMII rating.

[Papa]

My denial was July 22, 2009, and submitted the NOD on August 22, 2009. A DRO will handle my appeal, is this good or bad?

I also sent the VA more evidence and copies to the DAV SO. I think I learned my lesson.

Has anyone had any luck connecting over-eating with PTSD, and therefore becoming morbid obese?

Papa

[carlie]

Has anyone had any luck connecting over-eating with PTSD, and therefore becoming morbid obese?

Papa

Papa,

Has any doctor of yours stated in writing that your obesity

is secondary to your PTSD ?

carlie

[Papa]

Carlie,

To be honest, not at this time. I can not count on my primary doctor as he believes that we should just get over our PTSD. I have done research through the internet, and there is a connection. I strongly feel that PTSD is responsible for my over-eating and obesity, now, I just have to prove it.

Papa

[Pete53]

You might have better luck showing that the medication the VA has supplied you caused the weight gain. Many anti depressants cause increase in appetite and hunger

[john999]

I think Pete is on to something.

[broncovet]

I believe a DRO handling your appeal is a good thing, tho not everyone will agree. If you elect a DRO review, an experienced rating specialist is supposed to review your claim to see if the original rater "missed" anything.

In my case, a DRO review produced a favorable result for me, in less time than it takes for a BVA appeal.

However, there are many who feel that a DRO is an unnecessary step that causes more delays because often the DRO "carbon copies" the original decision and the Vet will have to appeal to the BVA anyway, and will have "lost" all the time it took for the DRO Review.

Even tho a DRO Review officer simply repeating what the rating speciast said in the original decision happens far too often, I still would agree with the "Alex Humphrey" philosopy: He suggest that A DRO is good because you should never pass up a chance to argue your case with someone who at least has a chance of ruling in the Veterans favor.

Apart from the possibility that a DRO review could be unproductive and will take time, I see no other "downside" to electing a DRO review.

Also, there is some chance that a DRO could help other Veterans..because one less claim at the BVA would mean that the BVA could decide another Veterans claim. In other words, it may help with the appeal backlog.