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JamesPT

New And Material Evidence.

Question

Hello all; just looking for some guidance regarding my denied claim requesting increase rating for PTSD. I recently posted explaining my situation. My dilemma is: I received the SSOC letter indicating denial for increase. I am beyond the 30 day or 60 day suspense dates. I recently obtained new and material evidence which includes support statements submitted to VARO two years ago but lost\misplaced by their mailroom personnel. When I brought it to their attention and showed them that the Nexus letters\support statements were submitted via certified mail (I showed them the receipts indicating these as received at their end) they casually mentioned documents perhaps being distributed to wrong Department and they cannot locate them. Anyhow, should I write an NOD and submit it with the new evidence. Just unsure as to where to mail this evidence to: Do I mail the NOD and new and material evidence to my local VARO? or do I mail it to the Appeals Management Center in DC?.. Correct me if I am wrong, but dont' they give you a year from date on SSOC to attempt and gather new and material evidence? Also, with the SSOC came a document titled:

VETERANS REQUEST FOR EXPEDITED PROCESSING

Waiver of AOJ Consideration of Additional Evidence & Waiver of the 30 day Waiting Period

By signing this waiver, I understand that I waive two procedural rights in connection with my appeal:

1. I waive my right to have VA wait a minimum of 30 days before certifying my appeal to BVA. I request that my RO forward my case to BVA immediately

2. I waive my right to submit additional evidence for reconsideration by my RO. This means that if I locate and\or wish to submit additional evidence after today's date, I waive my right to have this case remanded (sent back) to my RO and request that BVA consider any new evidence during their adjudication of my appeal.

I presume this document allows me to file appeal via NOD and recently acquired New and Material Evidence.

Your responses are greatly appreciated. Just to reiterate; My VSO retired, the new VFW personnel are trainees. Thanks.

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That depends on where your appeal is. If you made an appeal to the BVA and it has been accepted, you send it to the BVA. If you have appealed to the DRO, you send to your VARO for DRO consideration. If you've past the max time to respond, you need to justify why you didn't meet the deadline and as them to consider your information as it was just received. Others will chime in, but it really depends on what route you plan on taking (DRO vs. BVA).

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