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Nod Deadlines
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Berta
I hope no one here ever has to rely on this tactic.
There is usually no good reason for any claimant to miss a NOD filing deadline
However I am trying something to see what the result will be... it could possibly help someone else:
I have to file a NOD by Monday. I still have a little more time but need to get it in the mail.
The VA has not acted on my request that they CUE themselves on one statement in my Jan 2012 award letter.(I had to send this request to 2 separate VAROs to determine jurisdiction)
I cannot use ebenefits as a widow of vet, and IRIS keeps saying I am using the email of another user. Also weeks ago when I used the VA call back after hour thing VA did call me back right on time but said their computers were down....haven't tried that again since......too frustrating
I am filing the NOD and also reminding the VA that my CUE request was filed months ago and also I am asking them for a NOD extension based on this part of M21-1MR.below.
If the extension request is denied, I can appeal that to the BVA but I did make the point that the NOD I am sending is timely yet their legally erroneous statement in the decision must be corrected before I can fully attain my rights as a claimant, to properly state my disagreement notice, and I believe that is a situation involving “good cause”. Good Cause is a legal term I am familiar with ,however the reg does not define it so I guess this is a VA case by case decision.
"d. Handling a Time Limit Extension Request
An appellant may request an extension of the time limit for filing an NOD.
In this situation, the time limit may be extended if the appellant shows good cause. 38 C.F.R § 3.109 provides that a request to extend the time limit may be made either before or after the expiration of the NOD period, although this regulation does not define good cause.
An appellant may appeal a denial of a request for a time limit extension to BVA."
Source : M21-1MR Part 1, Chapter 5, Section B, under 4 (d).
The erroneous legal statement in the award letter is
“ Entitlement to accrued benefits or cerebrovascular accident under 38 USC 1151 is granted with an evaluation of 100 percent effective August 9,1992 to March 1, 1993.”
That is wrong based on all evidence (medical and legal etc) established and in VA's possession at the time of the veteran's death.
I told them exactly why they were wrong in the NOD and referred to my exhibits, many from the VA itself.
The veteran was 100% P & T from the 1151 CVA that VA caused and that contributed to my husband's death (and admitted to that long ago) from the day of the stroke until the day of his death and they owe me some more cash.
I think I might as well copy again all of my exhibits ,only 13 -some 2-3 pages-
and re send the CUE request as well.
I am mentioning this here because I know of no one who ever asked for a NOD deadline to be extended.
I don't care at all if they extend it or not.I just want to see how VA handles this type of request and how they might define "good cause".
I would certainly think a vet who is hospitalized when his/her NOD deadline comes up, and has no vet rep who could prepare the NOD for him/her and get it to VA in timely fashion, would have good cause for a NOD time extension but VA does not think like I do.
Edited by BertaLink to comment
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