When To Do An Nod

[68mustang]

Back in March of this year I received a denial on two claims and one claim was deferred. I have contacted the VA several times inquiring about the deferred claim and when will it be resolved. The VA response is that more information is needed before a decision can be made. Please can someone provide info if I am right in waiting to do an NOD on the other two claims until I receive a response on the deferred claim? Or should I go ahead and file an NOD on the denied claims and if need filed an NOD on the deferred claim when a decision is made? Thanks in advance for your input.

68mustang

[*Bergie*]

Back in March of this year I received a denial on two claims and one claim was deferred. I have contacted the VA several times inquiring about the deferred claim and when will it be resolved. The VA response is that more information is needed before a decision can be made. Please can someone provide info if I am right in waiting to do an NOD on the other two claims until I receive a response on the deferred claim? Or should I go ahead and file an NOD on the denied claims and if need filed an NOD on the deferred claim when a decision is made? Thanks in advance for your input.

68mustang

You have a year from the date stamped on the denial to file an NOD for those claims. The deferred claim will have a date stamped on it when it is decided and you can address it accordingly. Remember a denial means that you have to further develope your claim to strengthen the evidence. I recommend you take all the time you need and file when you're ready, but before the date stamp reaches a year.

JMO,

Bergie

[68mustang]

You have a year from the date stamped on the denial to file an NOD for those claims. The deferred claim will have a date stamped on it when it is decided and you can address it accordingly. Remember a denial means that you have to further develope your claim to strengthen the evidence. I recommend you take all the time you need and file when you're ready, but before the date stamp reaches a year.

JMO,

Bergie

Bergie thanks for your response

68mustang

[john999]

The VA deferred one of my claims. I got sick of waiting and filed an NOD. They had all the evidence they needed to make the award. A few weeks later I got a call from the VA asking if I had any more information to file on my deferred claim. I said no and go ahead and rate it. They did and I got the rating. They were just fooling around and not wanting to grant the SMC money.

[carlie]

68,

Keep in mind also that if you can kind of quickly gather some additional evidence / medical evidence

that would rebutt something in the denied issues, or show full support for a grant of the

denied issues - you can submit a request for reconsideration along with this additional evidence.

For a reconsideration you are basically in agreement with the denial on the grounds of

the evidence of record BUT request reconsideration with this additional evidence you feel

will get the issues granted OR AT LEAST put the evidence into relative equipoise and thereby

garner you the benefit of the doubt.

While the above is in the works - remember your one year clock for the NOD would still be ticking.

Do you feel up to posting the Reasons and Bases Section for the denied issues ?

[68mustang]

68,

Keep in mind also that if you can kind of quickly gather some additional evidence / medical evidence

that would rebutt something in the denied issues, or show full support for a grant of the

denied issues - you can submit a request for reconsideration along with this additional evidence.

For a reconsideration you are basically in agreement with the denial on the grounds of

the evidence of record BUT request reconsideration with this additional evidence you feel

will get the issues granted OR AT LEAST put the evidence into relative equipoise and thereby

garner you the benefit of the doubt.

While the above is in the works - remember your one year clock for the NOD would still be ticking.

Do you feel up to posting the Reasons and Bases Section for the denied issues ?

Thanks carlie and John999 for the response. I'll post reason and basis for the denied claim. My mistake only one claim was denied and that was for asbestosis.The other was for depression rated at 10% and I believe with evidence that was provided that it should have been higher. I'll send in more medical evidence for that and the asbestosis. I'll post more info tomorrow in more detail. Thanks again.

68mustang

[poolguy11550]

Thanks carlie and John999 for the response. I'll post reason and basis for the denied claim. My mistake only one claim was denied and that was for asbestosis.The other was for depression rated at 10% and I believe with evidence that was provided that it should have been higher. I'll send in more medical evidence for that and the asbestosis. I'll post more info tomorrow in more detail. Thanks again.

68mustang

Carlie is right. I personally feel that if you have a plausible claim, you should do your best to keep it adjudicated at the R/O level. You my get it settled in one or two years, however, I think the wait time for a formal appeal is three to four years. Main point is to get as many eyes to view your claim at the R/O, you may find that most elusive but reasonably minded rater and get a grant of claim in a more timely fashion.