Jump to content
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • 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

Sponsored Ads

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • Searches Community Forums, Blog and more

  • 0
BasehorVet

Nod Did Not Meet Legal Requirements

Question

Wow, I cannot believe what is happening with my claim, I have a copy of a Report of General Information that a VA VARO employee mailed to me that states i disagreed with the rating decision of my back condition and that I request a decision review officer DRO to review the decision and consider all evidence submitted since the original decision (1985). This is stamped received July 6 2011by the VARO mailroom. It also states that I am submitting additional information regarding my notice of disagreement in the near future, it also requests expeditious processing due to financial hardship. It is signed and initialed by the employee.

To cover my own a** I sent in a certified letter to the VARO which was signed for by a VA employee as received on July 11 2011, my appeal period was set to close on July 12 2011. This NOD was submitted on a VA statement in support of claim VA 21-4138. The appeal information disappeared on ebenefits today and I called IRIS they said a letter is coming my way which states my NOD did not fullfil the legal requirements for a NOD and closed it. This decision was based on the information that the VA employee had submitted on my claim July 6 2011, over the phone (he sent me a copy of it). The IRIS person said their was no record of the NOD letter that I sent in and that was certified delivery on July 11 2011.

All this is after I requested a reconsideration of my denial from the July 2009 claim in Oct 2010. They sent me a letter that stated if my intention was to appeal the denial of the 2010 claim that I needed to do so within one year, this gave me 8 days to write a NOD and send it to them.

I guess I will know more when the letter arrives tomorrow but I wonder how the little green certified card will handled. Is this proof that my NOD should be reopened or can they deny, I wrote on the card NOD Notice of Disagreement.

Share this post


Link to post
Share on other sites

1 answer to this question

Recommended Posts

BV give us a time line.

For example

Original decision

1985

Increase ???

Denial received?

NOD received???

It seems like you are trying to NOD a 26 Year old claim as it appears so but I dont think it is.

J

Share this post


Link to post
Share on other sites

Ad

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • I filed for my mitral valve regurgitation heart disease secondary to a service-connected condition on 7-30-18. It was granted on 8-30-18. Since I filed for this heart valve issue and was awarded, can I still file for hypertension ? I have been seeing comments that you should file for hypertension first and file for heart disease as a secondary. Can I file for hypertension as a secondary to my heart disease ? I am alittle confused on this matter.

      Dan
    • How to Change the Theme - Look and Colors
      How to Change the Theme - Look and Colors
      • 5 replies
    • For Calculating Retro

      VA Disability Compensation Rates 2012 | 2011 | 2010-2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999

      Prior to 1999 check here https://www.hadit.com/va-disability-compensation-rates-historic-for-retro-calculation/
      • 0 replies
    • I am a 100% disabled veteran, At first I was super excited to find out I am getting retro pay for back benefits to 2006. But that was over 2 months ago. I been waiting and waiting and calling to ask them wheres my back pay. They first told me "one month" than I call again. The guy started reading a script of basically "we are malingering on paying you" type crap. I was wondering if there is any number I can call besides that 800-827-1000 number to inquire about my status. I don't know why its taken so long when there is specific information telling them from the judge that VA owes. 

      There was a remanded to see if I was eligible for IU (I get it now since 2014 im actually 90% with 10 of that been IU). I been on SS since 2004. Can Someone help me out? Thank you
      • 6 replies
    • You might have a 38 CFR 3.156 situation-

      meaning the VA might have considered your claim in 95/96 as "not well grounded" and failed to even get your STRs.Or they did get your STRs but never considered the specific entry you cited here.

      Lots of discussion under a search, of 38 CFR. 3.156 (a)(b) (c) ---here is a winner:

      https://community.hadit.com/topic/52994-cue-in-failing-to-apply-the-provisions-of-38-cfr-§-3156c-for-effective-date/

      o

       
        • Thanks
×

Important Information

{terms] and Guidelines