Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims


    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 ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • 0
Sign in to follow this  

Nod Based On New Service Department Records


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


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.


Share this post

Link to post
Share on other sites

3 answers to this question

Recommended Posts

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.

Share this post

Link to post
Share on other sites

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.

Share this post

Link to post
Share on other sites

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.

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • I was denied SC for IBS and GERD IN 2011. In 2019 I was awarded SC for GERD. This CUE  is for 2011, both GERD and IBS. There are some odd aspects regarding the 2011 decision, the way it was written and the C&P report and the way it was written. I've tried to present this as clearly as I can. Note: the decision contradicts itself. the decision also contradicts the C&P Report. Honestly, I think the rater just got confused because the C&P was so poorly written. *THIS CUE HAS NOT YET BEEN SUBMITTED*Please let me know what you think. Appreciate all comments and suggestions. Thanks.


      VA RATING DECISION MARCH 23 2011 GERD IBS.pdf C P REPORT 7312010 GERD IBS.pdf GERD IBS CUE 2011(1).pdf

      • 37 replies
    • 14 Questions about VA Disability Compensation Benefits Claims
      When a Veteran starts considering whether or not to file a Veterans Affairs 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 when it comes to filing Veterans Affairs Disability Claims. [Reprinted here with permission from Veterans Law Blog]
      • 0 replies
    • Disabled Veterans Property Tax Exemptions by State
      A disabled veteran in Alabama may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service and has a net annual income of $12,000 or less.
      • 0 replies
    • Thanks everyone for their answers and advise and yes Ido have a VSO American legion but unfortunately I still have to manage to work and call times are mornings only almost impossible to talk with him.

       I am gonna try to get ahold of him tomorrow but u have to call right at 0730 eastern OR call list fills and never get on his list sucks!

      The worst thing I’m going through is that I’m stuck in limbo I can’t file on my other things I can’t add nothing I can’t do anything basically my hands are tied, this is complete wearing on me mentally Not to mention I’ve been out of the service since 95 was six service-connected disabilities and then thrown to the wayside as a young adult with no knowledge of how what or when by the VA  now that I’m middle-aged my service-connected disabilities Have gotten so severe that I have multiple secondaries until I came across by chance a VSO in my county that helped me out back in 15 I’d still be at a loss and left at the wayside forgotten about now that I’ve been back in the system And have a 80% rating the VA now is trying to drop two of my ratings because I feel that this DRO rview is going to put me at 100% or really close  in a way to just keep us down and out and causing worse injuries by forcing ourselves to do what we have to as humans to survive in the workforce that you can’t really physically do anymore sucks all the way around! 
    • Need your support - Please buy a mug or a membership
      had to move to a dedicated server this month and our costs have gone up, if you have been thinking about subscribing to an ad free forum or buying a mug now would a very helpful time to do that.

      Thank you for your support
      • 16 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines