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Nod Based On New Service Department Records
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BasehorVet
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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