Nod Time

[cannoncocker]

Honestly I do listen and follow the advice here but at the time I had my hands full fighting the multiple back problemwhich I finally beat them down and got it granted. Wrong diagnosis really and low ball rating but full grant so a win none the less.

This is an aside, have you ever seem to hit a wall where everything you send at them, and without time to even read the evenvelope they come back with a denial, to everything regardless. It seems like a synyndrome of some sort. It has been that way since I won through DRO on the back. They really did not want to approve that. Curious if anyone else has come across that scenarrio?

If this sounds good, so I will print of the IRIS dialogue, reprint my nod on th 21-4138 and print a nod on a 21-4138 regarding the denial for time since I made sure it was mailed via verifiable mail and reorded on IRIS. I will copy the receipts return receipts. I neglected that, which of course I shouldn't have but like I said I was full on with my back. Now I have the time I'll give this a run.

At the time it was a long shot but now that I have gone throught teatment and the VA Contract Examination, which I would use to open the claim up if they continue the time denial, was as bad as they get, The VA doctors laughed and wanted to know if they had the right patient. Physical markers on my body were incorrect among other things. Reality is they had the answer and were there to ret4rn with that answer. But it is sufficient to open it back up. since the recorded all those mistakes in the SOC.

I would say multi task but Idid not have the , haha, SOC.at the time.

Thank you guys for this information.

Edited September 28, 2010 by cannoncocker

[pacmanx1]

Not really sure what you are talking about. Are you referring to your back claim or other claims that you filed? A little more information would help.

Edited September 28, 2010 by pacmanx1

[cannoncocker]

Would you expect anything different from me? The forum would not seem to allow me to post a reply unlus I added a new topic, which of course split the topics. See NOD Time below but this is much more comprehensive partially due to using ABBYY FineReader 10.

I received the letter bellow that denied the full nod but did allow for a partial nod since they did not grant part of the back claim until April 2010.

Initially the claim in question dealing with anxiety was denied on the 20th but they are claiming the 17th of August 2009. Fine! I submitted the NOD on the 16th of August 2010 by Registered mail with Return Receipt stating the 18th of August. They claim they did not receieve the NOD intil 2 Sep 2010. So they for reasons yet to be understood will allow only the Nod for April 2010. I submitted copies of the mailing numbers at the time in the IRIS Sytem as a back up. See bellow the denial letter:

We are writing in response to the VA Form 21*4138 "'Statement in Support of Claim" you submitted to our office that was received on September 2,2010, This letter will explain what we decided, what you should do if you disagree with our decision* and who to call if you ha ve questions.

What We Decided

We have determined that we cannot accept your letter as a Notice of Disagreement with our decision on your anxiety disorder. The time limit to file a Notice of Disagreement has passed. In order to file an appeal, you mast submit your Notice of Disagreement no later than one year following notification of the adverse decision you are appealing.

In your case, we notified you on August 20, 2009, regarding our Rating Decision dated """ August 17,2009. Therefore, you had one year from August 17,2009 to submit your Notice of Disagreement, Your Notice of Disagreement was not received until September 2_f 2010, more than one year from the date you were notified of the Rating Decision.

In regards to your Notice of Disagreement with the effective date of 10% for radicular pain left leg. your Notice of Disagreement was received before we sent out our notification letter of September 15, 2010, We cannot accept a Notice of Disagreement received earlier than our notification letter date.

Please resubmit your Notice of Disagreement and specifically state which rating decision and which issue you are appealing. A review of your claims folder shows that you have had several rating decisions in the past year. For your convenience we have enclosed a copy of all those rating decisions.

SOC: 2. Service connection for anxiety disorder and panic disorder as secondary to the service-connected disabilities of sinus tachycardia, pes planus and plantar fasciitis with status post bunionectomy of both feet, hypertension, tinnitus, and bilateral hearing loss.

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service.

We have received a claim for depression to include panic attacks as secondary to your service connected disabilities (sinus tachycardia, pes planus and plantar fasciitis with status post bunionectomy of both feet, hypertension, tinnitus, and bilateral hearing loss). You also note that your anxiety began in service after an incident in which you state put the lives of seven other men in jeopardy. You note that you were responsible for this near death incident and you subsequently cut your left wrist that evening. You report that you did not seek medical treatment for your left wrist cut, but you still have a deep scar on your left wrist.

Your service treatment records do not show any treatment, complaint, or diagnosis of depression, panic attacks, or any symptom of a mental disability. There is no evidence of a left wrist scar or injury.

Your post service medical evidence shows you were treated for anxiety in August of 2003 at the VAMC in Columbia. You were prescribed Paxil. In December of 2003, you were seen again for anxiety and you decided to stop medication (deciding that a change in jobs may help instead). From September of 2004 to October of 2005, bi annual visits show improvement in your anxiety with no desire for medication. In January of 2008, you reported anxiety and panic attacks for the last two months at the VAMC in Asheville. You underwent a full mental health consultation in March of 2009 and were diagnosed with panic disorder without agoraphobia, depressive disorder not otherwise specified, and generalized anxiety disorder.

VA Contract Examination dated August 4, 2009 shows a diagnosis of generalized anxiety disorder and panic disorder without agoraphobia. The examiner reviewed your claims folder and opined that it is not as least as likely as not, that your anxiety/panic attacks are due to your service connected disabilities. The examiner's rationale for the opinion is your denial that your health problems are a significant factor in your anxiety and panic.

The evidence does not show that anxiety disorder and panic disorder is related to the service-connected conditions of sinus tachycardia, pes planus and plantar fasciitis with status post bunionectomy of both feet, hypertension, tinnitus, and bilateral hearing loss, nor is there any evidence of this disability during military service.

I initially was not going to follow through with this claim but once the VA Therapist and I got a load of the SOC from the VA Contract Examiners did not even have my physial markers correct along with their other notes the VA Therapists recommended I follow through which I am now doing.

So is it true that I prove I submitted the NOD on the 16th and by the VAS's own admission allowed until the 17th of August 2010? What action do you suggest I follow from here?

Edited September 28, 2010 by cannoncocker

[stillhere]

Well waiting to the last day to do something is not always good and this proofs it. Although you do it seems have evidence that at least something was delivered there on the 18th. I would send them a letter with the form and tell them what you state here that you did send it in on time. Call the 800# and get the fax number to the RO if you do not have it and send it in.

Still not sure if the VA will acknowledge and let your NOD stand but you have a chance it would seem.

[john999]

Cannon

I would do as Stillhere says and fight this out over the NOD date. This is what I think happened: The mailroom got the NOD in time, but the NOD did not get to the RO until September 2. This is not your fault and they are dumb, but never leave it to the last minute again as you can see what happens. They love to dismiss claims for being untimely. It is open and shut. If you are going to cut it close hand deliver it and get date stamped copy. The VA will sit there and say that even when you have a return receipt in your hand that you cannot prove what was in the letter you have the receipt for! They send you rating decison regular mail and then deny you sent them something certified mail when you have proof they got it. My VARO gets 10,000 pieces of mail a day and the chimp they have sorting the mail just can't keep up. Did you claim tinnitus as a cannoncocker?

[cannoncocker]

Thank you Still or Mr Hill It is always enouraging when someone will take the time and give some thought to your personal problems. Very considerate and equally appreciated. I hadn't planned on putting it off till the last minute, but who does? I hadn't even planned on following this through, not that I didn't think I was right or had a case but I really thought others were more serserving so Ireally hadn't thought the claim through and the more involved Igot the more facts came to light, then the VA starts with this piling on with the straight lies and disregarding facts etc and so on. In other words it became personal. I am nowready to do whatever it takes, like my back claim. Wasn't easy and was told it would take thousands but in reality it took a freat feal of taliking, researh, ans 324 bucks. If I had just walked away and let them do what they do best which is slap me down I would still be sucking air.

It would seem that actual law would seem to apply here:

1. What exactly constitutes a year to the VA? The Denial according to the VA was 17 August 2009

2. My response was Registered W/return Receipt copied and posted afterwards on the IRIS.

3. As far as "I sent something", they seem to be conceding that it was the NOD related to Anxiety. But now you mention it, how exactly do you prove what you are sending. Aside from posting on IRIS and CC to the DAVwhat do you do to prove you are not sending blank paper?

4.So it boils down to the law. Does the 16th of August 2010 form 17 August 2009 Constitute a VA year? If that is the case I do not know what else a reasonable person could do to prove they responded in a year. It does not seem to be a matter of close or a mile away but rather did I or did I not respond in one legal VA year. Close would not be relevant..

They have given me the right to NOD one item of my claim which by and large is what I need for my claim which is a chance to rebut their(VA) Contract Examination) SOC . That would be sufficient to open up another line of questioning/claim, how wrong there examination was, their intent, so forth, but the other actual parts of the claim that are more felicitous than just secondary results of SC Granted Claims. But Ido not know the full law but I believe oce the claim is open other matters of your service can be considered.

The reason for these questions are I need the answers to determine my next move, ie, nod their denial or go with the opening they left open on the April 2010 Back Grant and use it for the rest ofmy claim.

TheW-S DAV representative Lindsey is doing the duck and cover leaving hadit.com asmy onliest source of information and claim assistence. I don't need a bunch of help but mainly the part that constitutes a VA year?

Edited September 28, 2010 by cannoncocker

[cannoncocker]

Cannon

I would do as Stillhere says and fight this out over the NOD date. This is what I think happened: The mailroom got the NOD in time, but the NOD did not get to the RO until September 2. This is not your fault and they are dumb, but never leave it to the last minute again as you can see what happens. They love to dismiss claims for being untimely. It is open and shut. If you are going to cut it close hand deliver it and get date stamped copy. The VA will sit there and say that even when you have a return receipt in your hand that you cannot prove what was in the letter you have the receipt for! They send you rating decison regular mail and then deny you sent them something certified mail when you have proof they got it. My VARO gets 10,000 pieces of mail a day and the chimp they have sorting the mail just can't keep up. Did you claim tinnitus as a cannoncocker?

I guess that makes it pretty much unanimous for Submitting a NOD in the AM with a CC to the DAV for whaatever point there is in that. They are suppose to all me in the am after supposing to call me all day today but it seems like fun. I will look up the exact IRIS, well the first IRIS I submitted the registered mail number and attach it to the NOD with the copy of registered mail w/return receipt copy along with a copy of a request for a copy to the DAV CC but highly unlikely they have it much less heaven forbid file the NOD. John I will break it down like you did and I have enough time to wait them out. I will post the nod tonight on IRIS.

Edited September 28, 2010 by cannoncocker