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

[Redd89]

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 DRO will not be the one looking at the NOD UNLESS the claimant selects the "denovo review" in lieu of traditional.

[jvretiredvet]

Very true, but I'm trying to envision the circumstances where it wouldn't be to the claimant's benefit to request a de novo review.

A DRO will not be the one looking at the NOD UNLESS the claimant selects the "denovo review" in lieu of traditional.

[Ethan'sGrandma]

Yes, I wouldn't envision it, either. However, VA mail does tend to, shall we say, disappear on occasion. I'd sent in my request for DRO, never got it, and before I realized it, it never happened! The VARO claimed they didn't receive my request, but they also claimed that a lot with many of my submitted information, even when I had P.O. receipts showing differently! Unfortunately, sometimes we have to check and check again to make sure that information/evidence is reconciled with the file...

Very true, but I'm trying to envision the circumstances where it wouldn't be to the claimant's benefit to request a de novo review.