On The Nod And Big Guns Inqury

[nomochow]

I got a couple simple questions as I am new to this and my SO is kinda weak on assistin. ok, how dows the nod work if you want a local hering? I mean, can I still ask for one if I already put in the nod? I read somewhere that I have 60 days to ask. is there a form? can somebody help with that, please. my other question is iam thinking about getting my congressman to help. how useful are they? is it personal clout or the power of the office? or something else? maybe hype? any help advice is good

nomochow

mmmm…Looks like the VA is tryin to serve up some… today.

[Vike17]

Yes, you can ask for a hearing after you have submitted your Notice of Disagreement (NOD). There is no prescribed form, just write your RO another letter requesting the hearing and they will notify you of the time and place.

As far as the 60 days you mention, I'm not sure what you mean. You have one year from the date of the denial you received to submit your NOD and hearing request. If you are responding to a proposal to reduce your benefits, you have 30 days from the date of the proposed reduction to request a hearing. If you request a hearing within the 30 days, the VA cannot reduce your rating until that hearing has taken place, regardless of how long it takes to conduct that hearing. Are you possibly referring to submitting the VA form 9 after receiving a Statement of the Case (SOC)? If this is the case, then, yes, you have 60 days to perfect your appeal by submitting form 9. On that form you can also ask for a hearing with your RO. They must conduct the hearing and either grant the benefits sought, or issue a Supplemental Statement of the Case (SSOC) before they can forward your case to the BVA.

I think getting your Congress critter involved will just slow your claim/appeal down. Of course it all depends on how well your Congressmans office is with working with your regional VA office.

I hope this helps!

Vike 17

[john999]

When you put in your NOD include in the statement that you want a hearing before a Decision Review Officer.

[Berta]

Welcome aboard NOMO-

"my other question is iam thinking about getting my congressman to help. how useful are they?"

They send a letter to the VARO with a Congressional letterhead-

then the VA takes theitr time addressing the question they ask-

if a congressman/woman is asking for a status due to a lengthy wait- the VA usually says this is the status quo as there are thousands of claimants-

It can add 3-4 months to the time your claim will take-

Did they ask you for anything else in the denial?

Can you tell us what benefit you claimed and why they denied?

Congressmen/women can not help claims to succeed, nor can NSOs or vet reps- it is medical evidence that

wins a claim-

and someone at the VA who is literate enough to understand it.

[Berta]

I am adding to my last post - did you say you have 60 days to respond?

They have sent you a Statement of the Case?

Check over the evidence- what did they have but ignored and what did they misinterpret-

Can you attack each point of the denial within 60 days?

Do you have any evidence they did not consider?

This is normal SOP for just about every valid claim these days-

deny right off the bat and hope the vet walks away-

with more info we can help you better-

if it a question of inservice nexus-so you have your SMRs? Service medical records?

[carlie]

Study info. for you.

Notice of Disagreement :

http://www.warms.vba.va.gov/admin21/m21_1/...1/ch05_secb.doc

Hearings:

http://www.warms.vba.va.gov/admin21/m21_1/mr/part1/ch04.doc

Appeals:

http://www.warms.vba.va.gov/admin21/m21_1/...1/ch05_seca.doc

DRO:

http://www.warms.vba.va.gov/admin21/m21_1/...1/ch05_secc.doc

Good luck with your decision.

carlie

[Pete53]

No matter what stage your claim is in you can request a Hearing and usually the VA will comply in a short time for them that is. I had three hearings in 5 years.