Does A Claim Close After A Decision Is Made?

[Bigred122]

A little confused here. RO denied my claims on 10/7/2011,I was notified 10/29/2011. I filed my NOD 11/07/2011. As of this date, they have not acknowledged my NOD.Today, they sent me an envelope with info I had sent them and said it was the FOIA info I wanted. Which it wasn't. They made the statement that I couldn't use this info to re-open my claim. I thought claim remained open until I either missed a deadline or claim was determined by the BVA. I thought I read somewhere that once a initial decision was made, a different team would handle my NOD etc... I noticed on letter was the same person who decided my claims.Unfortunately I stirred up the hornets nest when I caught them not playing by the rules, so I am thinking they are going to jerk me around till I either quit or stroke out. Can some unconfuse me? Mike

[usmcgirl]

Read Title 38 of the Code of Federal Regulations. This title covers Pensions, Bonuses and Veteran's Relief. Sections 4.1 through 4.150 cover the Schedule For Rating Disabilities. You cannot argue your case if you don't have the facts or understand what they are looking for. Be specific in what you are disagreeing with. If you disagree with the rating percentage, state what percentage they awarded you, why you disagree and what you feel the rating should be. Support your statement. This is where the Schedule For Rating Disabilities comes in handy. There should be a separate section for each aspect of the decision that you are disagreeing with. Request a review from a Decision Review Officer. Dispute the DRO's decision if you still disagree. You typically have 60 days to do so after you have received a Statement of Case, which is basically the DRO's decision. Fill out VA Form 9.

http://helpdesk.vetsfirst.org/index.php?pg=kb.page&id=1182 that website may help you out.

[jvretiredvet]

As of this date, they have not acknowledged my NOD. Well, including mail time, I don't see this as a problem yet. If you haven't received an acknowledgement within another month or so, I suggest you follow up with a a certified letter.

Today, they sent me an envelope with info I had sent them and said it was the FOIA info I wanted. First, it was your information you received and not some other vet's? Second, did you ever make a FOIA request? Could the VARO just - belatedly - getting around to answering the FOIA? Otherwise, it could be a minor glitch.

They made the statement that I couldn't use this info to re-open my claim. Could the information that was sent back to you have been duplicative information? I mean, for example, if you sent in copies of your SMRs and the VARO had the originals, the correct method is to return your info. I'm kinda guessing that, based on that re-open statement, because (I'm guessing) that that information was considered in the decision and is duplicative and won't help. Otherwise, the cover letter appears poorly written.

I thought claim remained open until I either missed a deadline or claim was determined by the BVA. Essentially correct. However, I don't see that response letter as closing your claim. FWIW, any claim is not closed or "finalized" until one year after the date on your notification letter. You have any time within that one year to disagree or appeal, which you have done.

I thought I read somewhere that once a initial decision was made, a different team would handle my NOD etc... I noticed on letter was the same person who decided my claims. It is unlikely that you have any information on who actually worked on your claim and made the decision. The signature on your notification letter (and likely the transmittal letter for the records) is of the Service Center Manager, one of the RO big bosses. Your Rating Decision was done by some Rating Veterans Service Representative (RVSR). Since you filed a NOD, the NOD will be handled by a Decision Review Officer (DRO), which is a different person.

Unfortunately I stirred up the hornets nest when I caught them not playing by the rules, At this point, I couldn't say whether you caught them not playing by the rules or not. Honestly, it's still pretty early in the great scheme of things.

so I am thinking they are going to jerk me around till I either quit or stroke out. Nah, at this point, I don't believe that's the case.

A little confused here. RO denied my claims on 10/7/2011,I was notified 10/29/2011. I filed my NOD 11/07/2011. As of this date, they have not acknowledged my NOD.Today, they sent me an envelope with info I had sent them and said it was the FOIA info I wanted. Which it wasn't. They made the statement that I couldn't use this info to re-open my claim. I thought claim remained open until I either missed a deadline or claim was determined by the BVA. I thought I read somewhere that once a initial decision was made, a different team would handle my NOD etc... I noticed on letter was the same person who decided my claims.Unfortunately I stirred up the hornets nest when I caught them not playing by the rules, so I am thinking they are going to jerk me around till I either quit or stroke out. Can some unconfuse me? Mike

[Bigred122]

As of this date, they have not acknowledged my NOD. Well, including mail time, I don't see this as a problem yet. If you haven't received an acknowledgement within another month or so, I suggest you follow up with a a certified letter.

Today, they sent me an envelope with info I had sent them and said it was the FOIA info I wanted. First, it was your information you received and not some other vet's? Second, did you ever make a FOIA request? Could the VARO just - belatedly - getting around to answering the FOIA? Otherwise, it could be a minor glitch.

They made the statement that I couldn't use this info to re-open my claim. Could the information that was sent back to you have been duplicative information? I mean, for example, if you sent in copies of your SMRs and the VARO had the originals, the correct method is to return your info. I'm kinda guessing that, based on that re-open statement, because (I'm guessing) that that information was considered in the decision and is duplicative and won't help. Otherwise, the cover letter appears poorly written.

I thought claim remained open until I either missed a deadline or claim was determined by the BVA. Essentially correct. However, I don't see that response letter as closing your claim. FWIW, any claim is not closed or "finalized" until one year after the date on your notification letter. You have any time within that one year to disagree or appeal, which you have done.

I thought I read somewhere that once a initial decision was made, a different team would handle my NOD etc... I noticed on letter was the same person who decided my claims. It is unlikely that you have any information on who actually worked on your claim and made the decision. The signature on your notification letter (and likely the transmittal letter for the records) is of the Service Center Manager, one of the RO big bosses. Your Rating Decision was done by some Rating Veterans Service Representative (RVSR). Since you filed a NOD, the NOD will be handled by a Decision Review Officer (DRO), which is a different person.

Unfortunately I stirred up the hornets nest when I caught them not playing by the rules, At this point, I couldn't say whether you caught them not playing by the rules or not. Honestly, it's still pretty early in the great scheme of things.

so I am thinking they are going to jerk me around till I either quit or stroke out. Nah, at this point, I don't believe that's the case.

Thank you for your response. There was nothing new in the stuff they sent me.I had sent it to them back in March. Looks like all they did was recopy it.Where mine was one side of paper, they jumbled it all on to both sides.Your right again all correspondance have the same SCM name on them.All of my mail to them is certified and so far the records on Ebenefits has always shown receipt.My FOIA requests at first were with NPRC until they stopped hitting their own timelines.Then RO seemed to be running whether or not I received anything requested or not.Mental reports seem to be in a black hole somewhere. One day they have them, next day they don't. The other FOIA stuff is investigative stuff that would be easy to get if they wanted to get it.

The letter was very vague and never acknowledged anything else I have written them about.The info they sent me back was for the most part was duplicates of minimual importance. They kept asking for it in VCAA letters right after I had just sent it to them, so I sent it again to them.They did that on about half of my claim items. Your right the claim even tho it is 15 months old, it is still young before it will be finalized.Thanks Again!

[JT24usn]

Your nod will be dealt with by another area (appeals). You may not have heard fr them because it hasn't been associated with your file yet. File Might be with foia while

Letter is in mail room or appeals. Give it time. It took a month for Cleveland to acknowledge my appeal. Hang in there.

[Bigred122]

Read Title 38 of the Code of Federal Regulations. This title covers Pensions, Bonuses and Veteran's Relief. Sections 4.1 through 4.150 cover the Schedule For Rating Disabilities. You cannot argue your case if you don't have the facts or understand what they are looking for. Be specific in what you are disagreeing with. If you disagree with the rating percentage, state what percentage they awarded you, why you disagree and what you feel the rating should be. Support your statement. This is where the Schedule For Rating Disabilities comes in handy. There should be a separate section for each aspect of the decision that you are disagreeing with. Request a review from a Decision Review Officer. Dispute the DRO's decision if you still disagree. You typically have 60 days to do so after you have received a Statement of Case, which is basically the DRO's decision. Fill out VA Form 9.

http://helpdesk.vets...kb.page&id=1182 that website may help you out.

Yeppers, all of what you mentioned was done on my NOD. Everything was denied so it was pretty easy to dispute. No %'s to deal with yet. Their Ebenefit postings were confusing, but I love the Appeal phone number they gave me,The nicest BVA lady explained what was up and that the info on ebenefits was just inputed wrong. It was nice to have a phone number someone answered after two rings.Almost fell off my chair from the shock. Thank you for responding!

[Bigred122]

Your nod will be dealt with by another area (appeals). You may not have heard fr them because it hasn't been associated with your file yet. File Might be with foia while

Letter is in mail room or appeals. Give it time. It took a month for Cleveland to acknowledge my appeal. Hang in there.

Thank you for responding. One would think after all the unusual ways the VA has always worked, I would have gotten use to it by now.I know, if things happen before 5 or 6 years, I should feel blessed.Just hope body holds out that long.lol