Help Filling A Nod

[billygoat21]

i need help filling a notice of disagreement i just got the results from a congressional inquiry and the VA did not tell the truth to the congress aide. Does anyone know which form i need for this and what it should say?

Thanks,

Billygoat

[USMC5811]

I'm a little confused by what your wanting to do .....my understanding of a Notice of Disagreement is: After an adverse VA decision denying a claim

in whole or in part, the initial step in the appeal process is to file a Notice of Disagreement (NOD).38CFR 20.201

Did you receive notice concerning your claim = a decision?

Edited August 22, 2012 by USMC5811

[ping jockey]

Hi BG21,

An NOD form would be included with your "Letter of Notification". I'd suggest reading through this website, and consider engaging the D.A.V.. They have been very helpful and knowledgable.

PJ

[billygoat21]

No my fellow vets my initial claim is at 695 days now i received a reply from the congressional aide and the copy of what the va wrote on ebenefits it says the congress claim is closed ans appeal is possible. i did not agree with the va answer to the stalling of my claim and i have proof i just want to get someone in the regional office to move their butt and quit looking the the claim once a month and then putting it back in the filing cabinet.

Thanks for any and all replies

Billygoat

[USMC5811]

If I'm understanding you correctly - You contacted a Congressman in regards to your claim. A congressional aide that works for that congressman contacted VA to inquire about your claim. VA sent a response to the congressional aide in regards to your claim. You disagree with what the VA responded to the congressional aide in regards to why your claim is still being processed after 695 days?

I would suggest if you are adamant about contacting someone and have proof that whatever the response was from the VA to the congressional aide is incorrect - then I would send that proof to the congressional aide. Maybe the congressional aide will send another inquiry to the VA with your proof and ask for clarification from the VA.

From my understanding concerning "appeal is possible" on ebenefits - it's an auto entry when something has been responded to or "closed" by the VA. Example: I requested a copy of my C&P files....on ebenefits it shows this along with the date they sent the copies and then "appeal is possible" also appears after the entry. What would I appeal concerning receiving copies of the files? I really think that the "appeal is possible" is just a computer generated entry whenever something is placed in the closed section on ebenefits. I think if you sent correspondence or a NOD to the VA in reference to the Congressional Inquiry it just might backfire on you in regards to holding up your actual claim.

Now if it specifically had to do with your claim, after receiving a written notice of VA's decision on your claim - then yes....an appeal (1st step is filing a Notice of Disagreement) would be appropriate.

The above is just my opinion, hopefully someone else will respond and provide suggestions. After reading numerous posts on hadit.com and other forums in regards to Congressional Inquiries....very rarely have I actually seen someone post that it accomplished anything.

Edited August 22, 2012 by USMC5811

[billygoat21]

Thank You, USMC 5811 your 100% correct i have definitive proof that the VA passed on incorrect info Basicall all i want is a face to face meeting with the DRO or rating coach and the congress aide to get answers i only have 2 questions for them I do have a vso from the VFW your thoughts or opinion i would like to know.

Thanks

Billygoat

[71M10]

Billygoat,

Did you receive a copy of the decision that had been made? From your posting it sounds to me like you are saying "the VA told the Congressional Liaison that your claim has been decided and an appeal is possible" You indicate it is still being processed after 695 days?

If you have not received the decision, you need to request that they send it again. If the decision date is more than 8 months old, send a NOD disagreeing with the decision. State the reason you are disagreeing is that you have not received a copy of the decision and indicate you will more completely describe your specific objections after being mailed a copy of the decision.

If you have already sent a NOD, you need them to acknowledge receipt of that NOD or remind them that they received it. If it was sent certified return receipt, you should have the date, time and who signed for it on your little green postcard. If you didn't send it return receipt, resend it and pay for the return receipt this time.

As for lying to the congressional aide.....they do it all the time and there is no real or effective action that will be taken. VA's letter to my Congressman about my dependent benefits contradicted what they had sent me in writing (which the representative had in his hands for the inquiry), but since they completed adding the dependent to my award before their BS response and the problem was solved there was little interest in the why it took so long or the why are the written facts from the VARO vary depending on who is inquiring.

If you're looking for a Pound of Flesh or accountability save yourself the aggravation, It won't happen. At best the inquiry might make them work your claim or appeal, at worst they will be pissy and put it on the bottom of the stack or put it in time out!

Edited August 28, 2012 by 71M10