Unable To Accept Your Nod

[donh777]

Here is good one. My NOD stated " I applied for a disability benefit rating and increase on April 30, 2010. I am in receipt of your decision dated 03/08/2012 notifying me of the decision. This letter is my NOD with that decision." Bladder dysfunction daytime voiding of 1.5 to 2 hours should be rated at 20%. several more items on Nod sheet.

Now I get letter back stating (unable to accept your NOD because you did not tell us what specific issues you are disagreeing with.

[Berta]

Unfortunately the letter seems to be correct.You still have time to send a better NOD.

The NOD is the first avenue of attack.

Tell them specifically why their decision was wrong.

"Bladder dysfunction daytime voiding of 1.5 to 2 hours should be rated at 20%"

Point out to them in the NOD whatever medical evidences shows you deserve a higher rating.Refer them to it and attach it (copies) even if you know they have it.

Send them a print out of the regs too.that shows the 20%.

Also I suggest not to use acronyms like in dealing the the VA on paper.

Spell out right at the top of the letter

NOTICE OF DISAGREEMENT and put the numeric and initial code on their decision on the NOD under the date.

It appears in the upper right hand side of their letter. This is a code for who the rater is who prepared the letter you received.

State that This is a Notice of Disagreement with your decision dated March 8, 2012 because of the following medical facts:

Tell them why they are wrong as explained above and then make sure you put an enclosure total at the bottom of the letter.

And send everything ,of course, with a proof of mailing.

I am sure you are right as to the 20% but it might help to search the BVA for similiar cases to see what evidence they used to award.

Edited June 3, 2012 by Berta

[broncovet]

The regulations state it this way:

Here is the statutory definition of a NOD, from 38 C.F.R. § 20.201:

“A written communication from a claimant or his or her representative expressing dissatisfaction or disagreement with an adjudicative determination by the agency of original jurisdiction and a desire to contest the result will constitute a Notice of Disagreement. While special wording is not required, the Notice of Disagreement must be in terms which can be reasonably construed as disagreement with that determination and a desire for appellate review. If the agency of original jurisdiction gave notice that adjudicative determinations were made on several issues at the same time, the specific determinations with which the claimant disagrees must be identified. For example, if service connection was denied for two disabilities and the claimant wishes to appeal the denial of service connection with respect to only one of the disabilities, the Notice of Disagreement must make that clear.”

[broncovet]

Adding to my previous post, I would accept the VA's notice as a request for clarification. Hopefully it is still within a year.

You want to identify issues disputed. If you dispute all issues, so state.

[broncovet]

One attorney I spoke with said it this way:

I never miss a chance of "arguing" my case for my client. That is, use the NOD to state why you are entitled to a higher benefit.

I personally NEVER recommend a NOD that states you disagree with said decision because that is only x dollars per month and you need at least x plus y to live on or that you are very sick and have 8 children to support, etc. Never. If you expect compassion you will likely be disappointed.

Instead, say something to the effect that your symptoms of...........(list symptoms) more closely approximates the 70% rating criteria (look up the rating criteria for the issue denied) than the 10 percent rating awarded.

If you feel the VA did not read your symptoms (your C file) then so state. "VAMC Dr. Y, stated in a medical exam dated 12-19-10, that the Veteran was "unlikely to be employed ever"...this is consistent with the VA policy of awarding unemployable Veterans TDIU:

[donh777]

Thanks All, still have until march 2013. Looks like I had better get my head out of my a??/. I will be spending the next week or so doing a lot more research..

[broncovet]

I think you should try "clarifying" your NOD. That is, it sounds like you need to identify the issues you dispute in the said decision.

If the VA still does not accept your NOD, then you may need to file a writ of mandamus at the CAVC to compel the VA to appealate review. Its just one more of the VA dirty tricks....ignoring your NOD. They did that to me.