Nod Question

[jecsb4]

I submitted my NOD to my VARO and my SO said that I do not submitt my new evidence untill I get a statement of the case and said that could take two years.

Don't I only have one year from the date of my orginal decision to send in more medical evidence? If so, then the SO is wrong.

Also on my orginal claim that I filed, I claimed flat-feet and got 0% which I am appealing. However now the condition is so bad that when I stand for only 5 minutes I get sever pain in my feet and back. Do I need to file a new claim for this condition? It has been over a year since I left active duty.

Thanks, Joe.

[jecsb4]

ALL, I forgot to mention that the SO put on my NOD the words.."I request a DE Novo Review and a hearing with a decision review officer..."

Is this correct? Just not sure when I submitt my additional medical evidence, now or when I get the statement of the case and the Form 9?

Thanks, Joe.

[Berta]

I say he is wrong- I feel new evidence should be submitted with the NOD if possible or soon thereafter-

I waited a year and a half for a de novo review so you do have time.

When they get more evidence before they prepare a SOC- it can alter how they develop the SOC and also- in some cases, alter the claim and generate an award.

I say send it in before that SOC is prepared and send them anything at any time until you get what you want- Is this guy going to be available to rep you at the hearing?

[Berta]

Joe -to add to my other post-

I recently posted a BVA decision at hadit whereby the vet got his back condition rated as secondary to his Pen Planus (SC) flat feet-

I would certainly make sure the VA knows of this back condition and that you are claiming it as secondary-

has any doc treated it yet and/or stated it is as likely as not due to the foot condition? That is what this claim will need for a secondary rating.

"0" SC is much better than NSC -as it shows the VA has recognized the condition ia associated with your service but was not at ratable level when they determined it as "0" SC>

Edited April 18, 2006 by Berta

[jecsb4]

Thank you for your responce Berta.

I do think the SO will help represent me at a board hearing, but I hope it doesn't come to that. I am going to submitt some Dr. Notes that say, I can't stand more than 5 mins then I get severe back and feet pain. So, I will be getting this new evidence to the VA probally before I get the SOC.

I will then submitt a second claim for the back pain as secondary for flat feet. My doctor says I need a desk job....

Thanks. Joe

[Railroader]

Thank you for your responce Berta.

I do think the SO will help represent me at a board hearing, but I hope it doesn't come to that. I am going to submitt some Dr. Notes that say, I can't stand more than 5 mins then I get severe back and feet pain. So, I will be getting this new evidence to the VA probally before I get the SOC.

I will then submitt a second claim for the back pain as secondary for flat feet. My doctor says I need a desk job....

Thanks. Joe

Sometimes your back condition can be just as painful sitting as standing..Sometimes even worse.

[jecsb4]

Do you know what C&P exam summary sheet I would need to review before the exam. I didn't see one for the back?