Nod Time Requirements

[cannoncocker]

I received a denial on 19 August 2009 and submitted a NOD on 14 August 2010 which I sent Registered and Return Receipt plus I put it on IRIS, the number the informtion etc, but they have declined it beause the W-S VARO denied it since the NOD was not received until September 2nd.Do I have to re submit since the original VA contract examination was really bad. Still the question is that right about denying the nod ?

Edited September 28, 2010 by cannoncocker

[carlie]

Perhaps others will chime in with an answer.

This is why we preach around - submit correspondence to VA in a timely manner.

Looks like another hurdle for you to jump through.

[sharon]

Not that this advice will help now, but it is always good to send the information through your service officer also. The VA will honor their transmittal date. They get paid to help you. Even if you a handling your own claim it is good to have them for verification.

You can appeal the denial based on the receipt you have for the registered mail.

[Philip Rogers]

This is standard procedure for the VA. As Sharon stated, you should appeal, based on the mailing receipt you have. Don't lose it and only submit a photocopy of the original, to protect it. Lock it in your vault. You'll win!!! The VA should have your mailing envelope, with the postmark on it, in your c-file.

Personally, I wouldn't use an VSO because they could turn it in late and then you're screwed. jmo

pr

I received a denial on 19 August 2009 and submitted a NOD on 14 August 2010 which I sent Registered and Return Receipt plus I put it on IRIS, the number the informtion etc, but they have declined it beause the W-S VARO denied it since the NOD was not received until September 2nd.Do I have to re submit since the original VA contract examination was really bad. Still the question is that right about denying the nod ?

[Draggin']

I'm almost in the same boat you're in, right on that one year time limit...although, we're taking my NOD to the regional office, faxing and mailing a copy (they've already shown that they can loose our paperwork!)

I found this link

http://www.warms.vba.va.gov/admin21/m21_1/mr/part1/ch05/ch05_secb.doc

Seems these are instructions concerning how the VA is to deal with NODs

Scroll down to #4

It says that:

When computing the NOD time limit

· exclude the first day of the specified period

· include the last day of the specified period, and

· if the time limit expires on a Saturday, Sunday, or legal holiday, include the next workday in the computation.

If the postmark date is

· prior to the expiration of the NOD period

- consider the NOD timely filed, and

- retain the postmarked envelope, or

· not of record, presume the postmark date to be five days prior to the date VA received the NOD, excluding Saturday, Sundays, and legal holidays.

So the VA was NOT supposed to do that to you. (I know, to think the VA actually did something it was not suppposed to do?!!!)

I make it a point to call constantly whenever I have a claim in or new information submitted. It took them a year and a half to do my PTSD claim, and they're still working on my dependants/spouse that was submitted originally in April of 2009. The only way things seem to get done is to keep checking and sumbitting and resubmitting info to them. So, if I were you I would be a very persistent and "squeaky wheel" on this one.

Draggin'　

[cannoncocker]

Draggin' thank you for the timely information, I have cut and pasted your post along with some others and will study them then apply them as appropriate. Along with the rest of the info I am going to nod this since I don't think it is wrong, I know it is wrong. I could probably get done what I needed to get done but they made it personal with the SOC lies etc. Never a good idea to make a thing personal.

Drag "squeaky wheel" that is my middle name. I live to get in front of a DRO and debate this with them!

Carlie you are, or I am living proof not to wait till the last minute but like I said it was way on down my list and wasn't really planning on following through till they lied and now rolled out this BS. Too much! I have time and will do whatever it takes now. But you are right to warn others not to wait.

Sharon you hit zee sore spot with me. Since I have the DAV fax number and post all transactions on IRIS as they occur, but I fax to my DAV in most instances. In some very important matters like Monday I was consolidating and resubmitting 2 Nods ans 2 initial claims since they had them all messed up, I registered Mail to the:

1. Disabled American Veterans

National Service Office

VA Regional Office

251 North Mam Street Room 115

ATTN: Mr. Steve Lindsey

Winston-Salem, NC 27102

2. Veterans Administration Regional Office

Federal Building, 251 N. Main Street

Winston-Salem, NC 27155

3. Charles George VAMC

c/o Chief, Prosthetics Service (121)

ATTN: Mr. Wheeler (Clothing Allowance) NOD

1100 Tunnel Road

Asheville, North Carolina 28805

The sore spot is the fact they have a trash can next tothe fax machine and Lindsey takes my faxes straight from the fax right to the trash. Fact, he has never taken a action on a claim of mine save the time he had no choice because my brother were physically there for a DRO meeting, which he did all he could to push me directly out the back door. My brother was there because you would not want me driving while on pain medication so Idon't drive under those circumstances. I would not do that to others. I was a safety specialist and am aware of how dangerous that is.

So DAV CC is moot. I doubt they even bother to file what I send them. As a matter of fact I thnk I did mail that NOD to the DAV for the good it did or would do. I tried to call my rep twice today:

1 gone all morning, call back in the pm

2. Called back, had a meeting, gone all afternoon.

3. Will call back in AM.

it went like that for 4 months the last time Iwanted to speak with lindsey at the W-S DAV, totally pointless.

Better to just ask here. Don't get it wrong, of course I would find it advantageous to have someone somewhat on my side in the VARO but just usn't meant to be. I would be so grateful but not gonna happen.

In my experience once a service takes a claim nobody would touch it once it is open. JMexperience.

[john999]

I hate the DAV. They are creeps in my experience. They never return phone calls and discouraged me from going for TDIU when I got 70% rating. I was on SSD for heaven's sake. I used them back about 10 years ago. I have a lawyer now. The lawyer's legal clerk called me to tell me they were sending papers to me to sign. I signed and returned them. They called me back to say they got the stuff and they were getting on the case. When has a VSO (besides Larry) done that for you. Economics is a big part of good service. If you have a claim that envolves big retro and the VA is just playing games with you I do suggest gettting a VA lawyer.