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free_spirit_etc
I just got an answer to the IRIS I sent December 8 which informs me that the reviews on my NODs will be two years after they were received.
"A review of of your two pending Notices of disagreements are still pending. The Department of Veterans Affairs has maintained the dates of the notification you have sent to the Chicago Regional Office.
The Notice of Disagreement for Dependency and Indemnity Compensation which has been noted as being received as of November 12, 2008 with a Decision Review Officer (DRO) is scheduled for November 13, 2010.
The Notice of Disagreement for Helpless Child claim has been noted as being received as of July 16, 2009 with a review scheduled for July 17, 2011.
All notices of disagreements and appeals are worked in order of receipt at the Regional Office."
Ughhhh - two years.......
However, I also received my VCAA Notice in June 2007. It took almost a year to get a copy of the C-file. I asked for an extension of time to submit evidence, as I was not provided with the information I needed from THEM until almost a year after the VCAA Notice.
And actually, I had been specifically requesting a copy of my husband's discharge physical and the Medical Opinion they used to deny my claim (in order to get an IMO) and still have not received those.
However, I did submit my evidence in June 2008 (within one year of the VCAA Notice), as I was not informed whether my request for extension was granted. In that I submitted the evidence within one year of the VCAA Notice, I requested that my claim be re-adjudicated. (In that they adjudicated my claim seven months prior to the one year allowed for me to submit evidence and six months before they had provided me with a copy of the C-file).
The VA denied getting this - though it was sent by certified mail, though I have a signed return receipt, and though I sent an IRIS the day I mailed it informing them that I sent it and the Certified Mail receipt number. (In all the communication back and forth on that IRIS, the VA employee never mentioned that they did not receive the evidence..)
Anyway - I resubmitted the evidence under the Special Claims Handling for Missing Documents.
So do I still have the right to ask that my claim be re-adjudicated - as the evidence should now be considered constructively received by the VA as of the date I mailed it, or the date they signed the return receipt card?
Would it be wise to request this? Or will I just be adding another step in my claim that will make it take longer? (...in that if they don't grant the claim at the initial level - I will have another two year wait for the DRO review.)
And if they do re-adjudicate it - can I still submit evidence to be considered? (i.e. an IMO)or will they only consider the evidence that was submitted within one year of the VCAA Notice?
Thanks,
Free
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