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When Does The Nod Clock Start?

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Vync

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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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I agree. You dont want to "cut it close". If you are already close to the one year, by all means send in your NOD, even if its 5 days after one year, and send it FED EX keeping a copy of mailing, and the date.

However, dont leave that to chance. The VA loves excuses to deny and they would jump on that one. Then you would wind up appealing to get your mailing time.

Dont drive and see how many miles you can get when your tank says, "Empty" unless you like walking along busy interstates.

Send your NOD in today.

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http://www.va.gov/vetapp07/Files3/0724209.txt

Following an adverse determination by the RO, a notice of

disagreement must be filed within one year from the

notification of that determination. 38 U.S.C. § 4005(b)(1)

(notice of disagreement shall be filed within one year from

the date of mailing of the notice of initial determination).

Generally, in the absence of clear and unmistakable error, RO

determinations that are not timely appealed are final and may

not be reconsidered. See 38 U.S.C. § 4005© (if no notice

of disagreement is filed within the prescribed period, the

determination will become final).

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