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Nod Based On New Service Department Records

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BasehorVet

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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  • HadIt.com Elder

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.

Veterans deserve real choice for their health care.

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  • HadIt.com Elder

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.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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