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When Does The Nod Clock Start?

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Vync

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  • Content Curator/HadIt.com Elder

When does the NOD clock start?

Here is the letter a friend received from the VARO:

On the third white cover letter page, the letter says "What you should do if you disagree with our decision. If you do not agree with our decision, you should write and tell us why. You have one year from the date of this letter to appeal the decision. The enclosed VA Form 4107, "Your rights to appeal our decision" , explains your right to appeal.

VA FORM 4107 "Your rights to appeal our decision" (Sep 2009)

How CAN I APPEAL THE DECISION?

How long do I have to start my appeal? You have one year to appeal our decision. Your letter saying that

you disagree with our decision must be postmarked (or received by us) within one year from the date of our

letter denying you the benefit. In most cases, you cannot appeal a decision after this one-year period has ended.

The first page of the stapled packet is dated July 8, 2010:

"What we decided: We determined that the follwing condition was related to your military service, so service connection has been granted."

{insert medical description, percent (%) assigned, and effective date}

"We determined that the following conditions were not related to your military service, so service connection couldn't be granted"

{insert medical description}

A few pages into the packet, the first page of blue VARO "Rating Decision" ruling is dated 11 days earlier, June 27, 2010.

When does the NOD clock start? Date of letter or date of rating decision?

Edited by Vync
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It is t he date of the letter informing you of the rating decision. The rating decision is actually an attachment.

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  • Content Curator/HadIt.com Elder

It is t he date of the letter informing you of the rating decision. The rating decision is actually an attachment.

My friend and I think alike.

I hope others provide feedback too.

Thanks

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It is suppose to be the Notification date plus five days. I never depend on the five days. There is no reason to cut it that close. You simply have to send in a statment that you wish to appeal and name the issues. You will have plenty of time to send evidence. Just get the ball rolling.

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