ptsd I Have Till July 16Th For Nod

[stillhere]

In the past I have just sent in a letter telling the VA why I was appealing and sending in evidence to support my appeal later. Is this still the case?

Reason I ask is this new form I* have reviewed seems to want every right then and there when you fill it out, and because we can not save it with the info and come back and look at it and finish later I am a little per perplexed as my PTSD and overall ability to get everything done at once is bugging me.

Anyone know if I can just send in as always telling them why on this form and then later just send in my evidence to support?

Stillhere

[Berta]

This vet's lawyer makes a good point on the new NOD form.

“* I’ll note the form does not include a block that indicates whether the veteran is requesting review before a Decision Review Officer (DRO) or a traditional appeal. I suggest that the veteran clearly annotate on the form, or in an accompanying correspondence, which method they are requesting.*

It can be uploaded from his site link.

http://legalnewsyoucanuse.com/va-benefits-news/new-standardized-notice-of-disagreement-va-form-21-0958/

Also on May 22 I believe vet's lawyer Bob Walsh might have discussed the new NOD form at SVR radio ( the show is available in the SVR archives)

Personally I always print off forms I need from the VA web site.

Then in my OpenOffice program I type the narrative and always review it many times before saving and printing that off.

Then I cut and paste (with scissors and scotch tape) what I want to appear on the form, and then copy that, then scan it and save it.

The last time I think I did this this was for my I-9 form on my CUE claim.

As the 21-0958 states, you can attach additional pages. The form asks if you did and how many pages are attached ( a good step in the right direction by VA,in my opinion to finally have some accountability over what we send to them.)

I have always stated in my NODs exactly why the VA decision was wrong and referred to and attached evidence to support my contentions.

The form is good as it states that the claimant must define the 'specific issues' they disagree with.

I received a long Nehmer decision , long evidence list and the brief audio of how they determined the award retro.

I only disagreed with one specific statement in the award and copied and pasted that statement verbatim,in the NOD , then highlighted it with bright magic marker and enclosed the page the statement was on, and then told them why, in my NOD, this was an erroneous statement based on all the evidence the VA had at time of the veteran's death (and then I referred to and enclosed copies of all l of that evidence with an evidence list explaining why each piece of evidence proved their rating statement was incorrect,based on all establishd VA case law and regulations.

If I were you I would send them as much evidence as you can ,with the NOD ,to prove your contentions.

For CUE claim NODs, state the citation and also attach and send them the exact regulation (s) they broke and tell them how their legal error manifested an altered outcome, that was detrimental to you.

As I mentioned before, when the Nehmer division read my I-9 for my CUE and all of the evidence, they awarded the CUE within 3 weeks

They had cued their first decision quickly (I raised a ruckus on that one) and then moved fast on the other CUE claim.

Because I had sent the VARO my legal evidencxe many times over the 6 years ( yep SIX years) they refused to properly award this claim, it certainly didnt take anyone at Phila VARO to read the evidence and award it.

On the I-9 they had in my C file ,I immediately stated why they were wrong and copied my evidence list on the back of the I-9 and also enclosed it all with the regs they broke.

Someone at Nehmer Phila VARO could really read.

[stillhere]

Hi Berta and thanks! The cut in paste thing and scanning doesn't sound to appealing to be but if I have to I will.

I was thinking about typing the appeal info in a word doc and then when I have all that I need start to fill out the form and go in and copy and paste and then print the whole thing. I guess then I would have to scan or copy to have a copy ^^^^this is a pain isn't it oh whole?

Not sure on the Cue but if you said the CUE you can do anytime but does it always go quicker as your did. I guess my doing the reconsideration all I did was waste 6 months as John said it would. Amazing how the VA when faced with the facts the way they are they will not touch it if you don't call it the right animal that they want to see?! The facts are the same so why not go a head and adjudicate it? No they want me to either file a NOD or CUE and then they will process it!!!

And that person who runs the VA can sit there and lie to our congressmen and senators like she does about the backlog when in truth it is the VA system of pigeon holing everything that is the contributing problem!

Well that is my rant for today but thanks for your reply my PTSD is acting up just spent 2 hours at the VAMC for a 10 o'clock appt! I was there at 9:30 and did not get seen till 11:40 and I blew up and left and went straight to the PA!!

I will not be treated like that and I wish every veteran that is would do the same!

Stillhere (but not waiting)

[phillip.flatt]

What is a CUE

[carlie]

What is a CUE

Welcome.

Please posts your questions as new topics under the forum section

they match up with.

Thanks

[stillhere]

My Appeal is now showing in ebenefits so I guess I will see something when I see something. My last appeal went from NOD to SSoc to form 9 and took a little of 5 years. Before being awarded at 70 for hearing loss and 10% tinnitus. All I am appealing now is the effective date.

But as I said before they did mention CUE, I am wondering if I should go a head and file CUE while the NOD is working or will this muddle the water? Not sure on that? Anyone have any info or experience with doing this?

Stillhere

[71M10]

You can point out to VA at anytime they have made an error(and generally they will ignore this). However, to petition/file for a determination of CUE the decision that contains the CUE must be a final decision (not in appeal status or within the time period that an NOD/appealable could be initiated).

I am trying to figure out how the VA can list Kyphoscoliosis on my active problems list in VISTA and treat me for it, but the Detroit VARO states that I Do not have any other Restrictive Lung disease besides sleep apnea. But with Detroit having a 47% illiteracy rate, that might be part of the problem :-) At times I wish you could push a fast forward button for an immediate transfer to BVA or CAVC.

You want this to be decided in the normal process. The veteran has greater evidentiary requirments in an official CUE filing and losses the benefit of the doubt, the evidence must be clear and unmistakable.