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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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BasehorVet

Nod Based On New Service Department Records

Question

Hi I put together this NOD in regard to a previous Hadit forum post and would like some feedback on if I am on the right track.

NOD Notice of Disagreement

06-09-2011

Department of Veterans Affairs

Attention: xxxxxxxxx – In Reply to: (right hand corner of rating decision) ????

Dear Sir,

I received a rating decision dated July 12 2010. Consider this letter to be an official "Notice of Disagreement" (NOD) regarding the following disabilities:

1) Ebenefits (www.ebenefits.va.gov) states that "You were previously denied service connection for lower back. You were notified of the decision on July 19, 1985 and November 16, 1990. The appeal period for that decision has expired and the decision is now final. In order for us to reopen your claim, we need new and material evidence. Your claim was previously denied because the evidence fails to establish the veteran had a chronic back disability that was incurred or aggravated by during military service or that manifested itself within an applicable one year presumptive period following discharge from such service. Therefore, the evidence you submit must be new and relate to this fact."

Attachments: A. Record of Proceedings - Air Force Board for Correction of Military Records, Docket Number BC-2010-02311, Dated May 5 2011, including Memorandum for AFBCMR from the Department of the Air Force. (states that I was medically discharged with severence pay)

B. Buddy Letter from Scott xxx Ret Master Sergeant USAF dated 09-21-2011. (says I never had any problems with low back until I was injured in the line of duty-we enlisted together under the buddy plan)

Law 38 CFR 3.4 (a) Disability compensation.

Law 38 CFR 3.156

Law 38 CFR 3.303 Principles relating to service connection.

Law 38 CFR 4.28 Prestabilization rating from date of discharge from service.

BVA Citation Nr: 0515336, Decision Date: 06/07/05 www.va.gov/vetapp05/files3/0515336.txt

BVA Citation Nr: 0600049, Decision Date: 01/04/06 www.va.gov/vetapp06/files1/0600049.txt

Cushman v. Shinseki, No. 2008-7129 (Fed. Cir. Aug. 12, 2009)

M21-1MR, Part I, Chapter 2, Section A

M21-1MR, Part III, Subpart iv, Chapter 8, Section E

M21-1MR, Part III, Subpart v, Chapter 1, Section D

M21-1MR, Part I, Chapter 1, Section B

I am requesting a "De Novo Review" by a new Decision Review Officer. I am requesting that I be allowed an in person hearing with a Decision Review Officer.

I will be awaiting your reply.

Sincerely,

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Even an official notice of disagreement must be followed or included a Form 9. There is not telling how many Vets have been screwed cause they or their VSO did not know this.

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I would get that NOD to the VA pronto, but if you have discovered military records that were not considered in your earlier rating decisions you have a bigger issue. You may have grouds to file a CUE since service records that should have been before the rater were not there. If I was you I would file the NOD and then go get a lawyer. I am harping on getting lawyers for these old and complicated cases because it could mean big money for you, but you don't want to make a false step.

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Send them a print out of this reg as to newly discovered service records and tell them to apply it to your claim.38 CFR 3.156.

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 0 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
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