Filed Nod With My Vso

[chr49]

I went to a new VSO (same organization - TN DVA) on Aug. 13th and filed a NOD on a July 28th rating decision. I haven't heard anything from the VA yet. My VSO says it could take 60 days before I hear anything at all but I don't remember it taking this long with a NOD I filed a couple years ago. I'm trying hard to be patient but don't want to wait too long either.

I may have mentioned this before, but I'm worried because I received a request for further information and sent in medical records & a statement in support of my claim in April and those records were ignored. When I made an IRIS inquiry about the records I'd filed, they came back saying: "Our records do not indicate receipt of the packet sent by your VSO after April 13, 2010; however, it appears that we received similar documents on February 16, 2010. If you feel that your packet was not received, you can resend the information via U.S. mail or fax". I followed up by requesting my C-file and found date stamped (4/20/10) evidence that they had received my packet. Everything I'd sent was in my c-file. This is upsetting to me because there were medical records, pertinent to one of my claims and that evidence is not shown in my decision letter. I'm at a loss and the new VSO doesn't offer much support on how to follow thru.

Any suggestions on how should I proceed? How long should I wait to hear about the NOD I filed on 8/13/10?

Edited September 30, 2010 by chr49

[john999]

When you file a NOD you are supposed to get a statement of the case. If you filed in August that is not too long a wait. Have you checked to make sure the VA got the NOD?

[chr49]

When you file a NOD you are supposed to get a statement of the case. If you filed in August that is not too long a wait. Have you checked to make sure the VA got the NOD?

My VSO explained that the statement of case would be the next thing I'd receive.

I have not checked to make sure the VA got the NOD at this point. I've checked in with my VSO but that's it. Would I get that info from an IRIS inquiry? Since my luck with IRIS inquires hasn't gone well, I would like to know if there is another way.

[Chuck75]

You can always send another IRIS stating that the previous IRIS was incorrect, since the records, etc. in your "C" file show that the VA had received your packet, and you question whether the information was taken into consideration in any decisions made between then and now. I cannot say if this is a good thing to do, except to mention the old saw about the squeaky wheel.

I went to a new VSO (same organization - TN DVA) on Aug. 13th and filed a NOD on a July 28th rating decision. I haven't heard anything from the VA yet. My VSO says it could take 60 days before I hear anything at all but I don't remember it taking this long with a NOD I filed a couple years ago. I'm trying hard to be patient but don't want to wait too long either.

I may have mentioned this before, but I'm worried because I received a request for further information and sent in medical records & a statement in support of my claim in April and those records were ignored. When I made an IRIS inquiry about the records I'd filed, they came back saying: "Our records do not indicate receipt of the packet sent by your VSO after April 13, 2010; however, it appears that we received similar documents on February 16, 2010. If you feel that your packet was not received, you can resend the information via U.S. mail or fax". I followed up by requesting my C-file and found date stamped (4/20/10) evidence that they had received my packet. Everything I'd sent was in my c-file. This is upsetting to me because there were medical records, pertinent to one of my claims and that evidence is not shown in my decision letter. I'm at a loss and the new VSO doesn't offer much support on how to follow thru.

Any suggestions on how should I proceed? How long should I wait to hear about the NOD I filed on 8/13/10?

[chr49]

You can always send another IRIS stating that the previous IRIS was incorrect, since the records, etc. in your "C" file show that the VA had received your packet, and you question whether the information was taken into consideration in any decisions made between then and now. I cannot say if this is a good thing to do, except to mention the old saw about the squeaky wheel.

Thank you Chuck75. I have considered doing that but as you say, I don't know if it's a good thing to do. I really don't know what would be the proper way to handle the situation. I don't want to make things so bad that they won't listen to me but I don't want to lose out because I didn't speak up either.

I just sent an IRIS inquiry to check on whether they've received my NOD and I was hesitant in doing so, but I don't want to lose because I didn't watch close enough.

[JustPLS]

I have not checked to make sure the VA got the NOD at this point. I've checked in with my VSO but that's it. Would I get that info from an IRIS inquiry? Since my luck with IRIS inquires hasn't gone well, I would like to know if there is another way.

If you have access to E-benefits, there is a section there for showing appealed cases. That might have some information on your appeal, or, at least whether they received it or not. Good luck!

[carlie]

Well since you just filed a NOD on 08/13/2010, in the next month or so you should

receive something from VA saying they received it.

My thoughts are that the evidence that was not of record when this decision

was promulgated (if it supports granting the issues contained in your NOD)

could be viewed by the VARO as additional evidence for a reconsideration,

if you were to request they do so.

Remember the NOD clock would still be ticking as you can't have both at the same time.

JMHO.