What Happens After A Nod Is Filed

[HvyGns38]

If a person is denied a SC'd claim and he/she files an NOD, what is the next steps in the process? Which route would be the best and expeditious to take?

Thanks

[john999]

The next step in the process is the decison to either do a DRO appeal or go directly to BVA. The NOD is supposed to trigger a statement of the case from the VA. The VA usually asks you if you want to do a DRO or go directly to the BVA. I would do a DRO Hearing if I were you. Two bites at the appple. You can keep getting new evidence and submitting it after the NOD is filed.

[Testvet]

trying to get the VA to even recognize the word "expedient" is a waste of time you are now on the "hamster wheel" but I agree with what John told you maybe with a little luck you can get a DRO hearing within a year BVA is around a 2 year wait with the DRO you get 2 chances at a "Good decision" with the BVA you only get one chance if the DRO denies you you will have the chance to get a IMO or IME to strengthen your case after the DRO if necessary you can add new evidence even at your BVA hearing you just can't add new stuff at the CAVC level then it is all about case law and process I have never done a CAVC but that is my understanding of it

[Mr cue]

take the dro process frist it can work get all doc reports and exit exam report see what they say your condition is.

go on bva site and type in your condition to see how those case were won or lose.

make copy of the winner and make your case off of that

my two cents lol

[halos2]

NOD DeNova Review request(they are supposed to do this but request it anyway as it is obvious they cut corners and some don't...So yes DRO request , De Novo review, and YES personal hearing with DRO...My face to face DRO hearing took 7 mths to set it up after request,I requested 2 hrs as had 2 conditions to present too, but lasted 1 3/4 hrs, and almost 7 mths to get the transcripts of it(only 1/2 received/as they left out all the info I gave of faulty NP Biatch name/exam/lies/all the truthful things I presented on one of the 2 cases I presented...7 mths or so later got the VARO to cue itself and one claim went to 50% but other went to BVA.

Make sure you are orderly with all the NEW evidence you present at the personal hearing too! Follow other comments here by other knowledgable vets too...Good Luck!

[john999]

Keep in mind that evidence is what wins claims and if you have the evidence you will win eventually. Getting the VA to read the evidence is another matter.

[HvyGns38]

Thank you for all the replies.

I am going to go ahead and file an NOD for my denial for Meniere's disease. I am compensated 10% for hearing loss and 10% for tinnitus, but they never addressed the vertigo that I have only the hearing loss itself. I had surgery two years after getting out because of the bouts vertigo and hearing loss, but the VA claims that there is nothing in my SMR to support my claim. However, I have seen 2 or 3 civillian Dr.'s that say hearing loss is the onset of Meniere's disease, which occured during active duty.