If You Have A Recent Decision

[broncovet]

The VA has BURIED IN THE FINE PRINT a new rule effective Dec. 9, 2009.

YOU MUST NOW FILE AN NOD WITHIN 60 DAYS.

No longer do we have a year. Go to Carlies post for details, but if you have a recent decision START YOUR NOD NOW!!! Tell Every Veteran you know!!

http://www.hadit.com/forums/index.php?showtopic=33793

Thanks..Carlie..you heard it on hadit, first!

[jbasser]

Berta, I was researching some stuff for a friend and I found a case exactly like the situation you posted.

This Vet went to Mexico and got married, He moved to another state and he died.

His wife filed and low and behold he had failed to get a Divorce from Wife Number 1.

J

[broncovet]

Berta is correct. Even tho the VA defines a NOD as:

<h5 style="">a. Definition: Notice of Disagreement (NOD)</h5> A notice of disagreement (NOD) is a written communication from a claimant or his/her representative expressing

· dissatisfaction or disagreement with a decision, and

· a desire to contest the result.

They have a very different defination of "contested claim"...where it would be easy to connect the dots, above and beleive when the Veteran files a NOD "contesting" his claim it would be a "contested claim".

I think this is one of many methods where the VA's goal is to "complicate and confuse" Veterans to keep them from applying for, and appealing benefit decisions.

However, I humbly apologize to any Veteran who could have been led amuck by interpreting the NOD regulations in the same manner that I did, beleiving that, when a Vet files a NOD, he is "contesting the claim". I interpreted the regulations logically, but INCORRECTLY.

I am still confused as to why this was listed as a change effective Dec. 10, when Larry Scott's lawyer says this has been this way for years.

The VA wants to reduce the appeal time to 60 days from a year, and I think we need to "watch our back" because the VA could decide to define a contested claim like I do, and reduce it to 60 days, likety split. In the mean time, I am going to get my NOD's out in 60 days, whenever possible, just to prevent being thrown to the wolves if that happens.

I cant see a Veteran EVER being harmed by getting his NOD out in 60days, but I dont want a Veteran who waits 11 months to think his NOD is late.

Edited January 6, 2010 by broncovet

[carlie]

A simultaneously contested claim refers to the situation in

which the allowance of one claim results in the disallowance

of another claim involving the same benefit or the allowance

of one claim results in the payment of a lesser benefit to

another claimant. 38 C.F.R. § 20.3(m).

carlie