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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

HadIt.com Anniversary 24 years on Jan 20, 2021
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  • HadIt.com Elder

There are links to NOD templates here:

I suggest putting NOTICE OF DISAGREEMENT

in caps under your address and the VARO address.

Put your C file number under the date you type for the NOD and then under the C file number add Re: and put the initials here that appeared in the coded 'Re”: thing on the upper right hand side of the decision cover letter, if a coded Re: thing appears.

Those numeric codes in the upper right and corner of VA letters identifies the VARO and the Rater.

I feel the NOD ,as the most important initial appeal document any claimant will file, is the first avenue of attack and I suggest telling the VA exactly what you disagree with and why. And make sure you refer to the date of the decision you are disagreeing with.

For example if they awarded 30% for a disability that you feel falls into the 50% category, you can state that the VA Schedule of Ratings warrants a higher rating due to the enclosed evidence ( and enclose copies of any medical evidence they might have missed)

Or say they awarded TDIU but you question the EED because SSA awarded you SSDI benefits solely for the same conditon, and that SSA award, which VA was aware of, preceded the TDIU EED by at least one year.You could enclose a copy of the SSA award letter as maybe they never requested the SSDI records.

NODs should not be lengthy and I always list evidence on the bottom of the NOD as enclosures, giving each piece of evidence an Initial and then a brief description.

Such as (for a TDIU NOD)

Exhibit A SSA award dated Oct 19,2011

Exhibit B Medication profile list

Exhibit C printout from a VA SC med brochure or internet site that hinders employment due to it's side affects.

For BVA appeals, a VA Form I-9 will come enclosed with any SOC that the NOD generates.There is significant info here on preparing the I-9.

By time of any I-9 preparation, a claimant has a SOC, and hopefully their C & P exam results,interpreted fully in the SOC,(by a rater) and there will be more to potentially attack on the I-9 form if the RO decision is incorrect.

Personally , in my opinion, if the VA overlooked pertinent critical evidence, such as a SSA award solely for the same TDIU SC, as in the example above, I would file a Reconsideration Request right away then mark my calender to be sure that,if this request was not granted within the NOD timeframe, that I could file the NOD prior to the NOD deadline as a request for reconsideration does not stop the NOD clock.

But most claims do not warrant a reconsideration request being filed.They need a timely NOD filed.

Make sure you keep copies of everything you send and get Proof of mailings for everything too.

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