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On The Nod And Big Guns Inqury


nomochow

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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.

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  • HadIt.com Elder

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

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  • HadIt.com Elder

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

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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.

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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?

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  • HadIt.com Elder

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.

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Friends at HADIT,

Thanks for your support. I dont have a SOC (yet) but had read somewhere you get 60 days to respond. my question got answered when you led me to this

Note: If the appellant does not elect the DRO review process on the NOD or within 60 days of VA notification of the right to this process, the appeal proceeds in accordance with the traditional appellate review process.

I guess since I didnt request a DRO review process they are supposed to send me a letter asking if I want one... and I think, from what I seen on this site, I need one. isnt it best to keep the claim alive at the RO? I dont know, maybe I should call an ask for the letter or write a letter asking for a letter?

I found it with carlies help link on section A. General Information on Appeals. on the other question, you know, as berta implied some the folks at VA arent too bright so maybe a congressional injury might help them to review the facts a little better. maybe, possibly?.

Thanks for your help on those. anyone herd news on the special outreach?

nomochow

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

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Guest allanopie

Hello nomochow,

you should be allowed to request, (in writing)a local hearing with a rating officer at the VARO handling your claim. It doesn't have to be a DRO review. That may also delay your claim several yrs & reaching out to your congressional rep might get your claim to collect dust for sometime.

If you haven't had a personnel hearing before the VARO, simply request one in writing.

Use a memo format.

Let them know you have evidence that should complete your claim before them & that you ask for the opportunity to discuss it with a rating officer under oath.

Sign it & send it in "receipt requested", or fax it to the RO.

Allow 6 weeks, but it should only take a couple.

This is the "fastest" approach.........

good luck Vet.

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maybe a congressional injury might help them to review the facts a little better. maybe, possibly?.

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

I got my congressman involved back in december, they blew me off twice. I then perfected my appeal and went to see my congressman again. I saw a staffer. My appeal showed my case was really hosed up by the RO. I had requested both a hearing at the DRO level and I also requested a mtg with the VARO director. I now have a DRO Hearing scheduled for next week, I also have a meeting with the asistant service center manager two hours prior to my DRO hearing. What will it get me.............sure will make me feel better. According to the job description for the asistant service center manager, that person is a GS14 and is a expert on claims, and is the senior person in the Claims section at a VARO................back to your original question..................if you have a really strong case and the VA has really screwed it up, and you can show how the VA has repeatidly broken the laws under CFR 38, failed to follow procedures during C&P's, and you yell and scream loud enough maybe you can be as fortunate (and I say that with hesitation because I am really nervous about next week) as me and get to talk to someone. I really believe that my congressman's intervention did get my hearing moved up. Currently my congressman is running for reelection and it wouldnt do his image any good to have a pissed off disabled veteran out campainging agsainst him telling the world he is anti veteran...................................of course all of this is just my humble opinion

............I put the staffer on the spot, he is the congressman's "expert" on veteran issues. I said so do you agree the VA handled my case like a monkey boinking a football? He said well I have to hear their side. I said so if everything I wrote in the 30 page appeal is true would you admit that it was monkey boinking a football? He said yes I will agree with that.

Edited by FLHRCI
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  • HadIt.com Elder

Reaching out to Senators and Congressmen does nothing usually but like Allan said, pizzes off the VARO and will more than likely delay your claim even further. I did what you are doing in Jan 6 2005, I thought after the hearing we had reached a compromise, award my PTSD and my heart disease and drop the other GW issues, the DRO spent an hour yelling at my wife and I for getting elected officials involved and for each letter I wrote they would have to send my file to the "congressional reply office" where they had 60 days to answer the letters, so 10 letters equals 600 days, so keep writing letters if that is what you want.

Well needless to say I was [izzed off and wrote another letter that night, and sure as shit when I got my award letter it was 50% PTSD and denied SC for heart disease, I filed another appeal but this time I wrote a letter to Senator Craig, the VA in DC sent a blatant lie in response and I could prove it, I sent his office the proof, needless to say by April 2006 the VARO awarded my 100% for PTSD but still no mention of heart disease, so this time I wrote a blistering letter to Sec Nicholson and it was given to Admiral Cooper to handle, he was fed the same chit they tried feeding Senator Craig, last year, I sent him the three documents that showed the VARO was lying.

The VARO has scheduled me for another C&P for heart problems I got on July 19th the doctor who saw me last year was pizzed I was wasting her time in this, she told me she was going to write the same thing she did last year, trouble is she is not a heart doctor, she is not even a doctor, she is disputing my cardioligists contention that my hypertension and artheriosclerosis either caused or aggravted my PTSD, and she is a nurse practiotoner sic, since it came from Sec of VA to do it, I am hoping for better results, but I am pretty convinced this will be appealed to BVA, I am one of the Edgewood test vets that was used in the chemical weapons tests and drug tests from 1952 thru 1975, there was 7120 of us, a health study released in March 2003 shwos a death and disability rate of 74.43% and the VARO will not address the issue at all, not once in 4 years. They just ignore it, like it never happened. sometimes it helps to make waves, but find the right pond to stir the water

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Nomochow- the best I feel you can do is focus on the reasons for the denial- when you send them a NOD you can refer to and attach to it any evidence that could help your claim to succeed.

They gave you a reason- for the denial- can you tell us what it is and what you are claiming?

Congressmen, Senators, etc- cannot award a claim- it is medical evidence that makes a claim succeed.

(unless this is a denial based on no service nexus- you can attempt to find your unit and get a buddy statement in support of the claim)

What they have sent you is a denial letter that many many here have gotten over the years-

the first step in the claims process for most claimants-

I could paper a bathroom with denials and SOCs I have gotten-

but I and others here attacked the denial's Reasons and Bases point by point.

This is what you need to do- you are far from needing a Congressional Inquiry- in my opinion-

because they will tell your Congressperson the same thing the denial letter said.

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Friends at HADIT,

Interesting. allanopie what else is here to request at the RO, as you point out It doesn't have to be a DRO review? I agree with you FLHRCI when you say ...my congressman is running for reelection and it wouldnt do his image any good to have a pissed off disabled veteran out campainging agsainst him telling the world he is anti veteran...................................of course all of this is just my humble opinion. this is cause one person will tell up to 10 people about a negative experience so if you gamble the pubicity will outdue the lack of attention at the RO there may be merit. sounds like you have a good targeted strategy. Testvet, your idea that a person may want to consider ...sometimes it helps to make waves, but find the right pond to stir the water" puts an unusual favorable light in this time of uncertainty, thers a a lot goin on. Berta, I agree, a SOC is to be attacked on the denial's Reasons and Bases point by point when they deny a benefit, but what if I consider it a partial rating? as in my case?

Perhaps an increase isnt to much to ask, as medical evidence permits. maybe spoon feeding facts as it may be a bad idea to leave them to do the right thing.

nomochow

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

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"Berta, I agree, a SOC is to be attacked on the denial's Reasons and Bases point by point when they deny a benefit, but what if I consider it a partial rating? as in my case?"

I have completed missed what your claim is actually for - will check out past posts-

Do you mean by partial rating that they rated you at a percentage that you feel is too low?

I thought you received a denial letter and a SOC.

Have you posted somewhere at hadit the wording of the Reasons and Bases part?

If they have awarded lets say- 30 % for PTSD and you filed a NOD for a higher rating-

and then they say in the reasons and bases that the evidence of record does not warrant a rating higher then 30% due to blah blah-you certainly can fight that-

You can point out in a response to the SOC and also attach to it, that according to the Rating Schedule in 38 CFR along with your medical evidence , you feel that you should warrant -lets say- a 50 % rating and then state what evidence you have that corresponds to 50% rating for PTSD in the Schedule of ratings in 38 CFR.

Studying the Schedule of Ratings in 38 CFR for whatever disability you are claiming can be invaluable as it will show you exactly what evidence they need for each percentage.

If your medical evidence supports a higher percentage they should grant it.

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