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Nod And New Form 21-0958

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donh777

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Maybe this new NOD form will work. I sent the nod in on June 26, 2013 and got notice today that my requested hearing with DRO is scheduled for July 23, 2013. We shall see what happens.

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This begs the question of which RO he's filing with. The operable phrase is definitely "We shall see what happens."

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The good part of the new NOD form is that VA is familiar with their own forms, such as a 21-4138 (which I hardly ever used but should use it.)

It also has a page count area, a VERY good thing, so that there is a backup accountability to what you sent in to them.

I always mark my submissions , say if 9 pages , as page one of 9, 2 of 9 and so forth. And I always put my C file number on every single thing I send to them as evidence and also use those name and address labels I get from the vet orgs I contribute to sometimes. .on everything I send.

The first NOD I ever had was prepared by a VSO in 1981.I didnt even ask for a copy or ask to do it myself (I was real dumb in those days regarding the VA)

It was just a ballpark disagreement.

Since those days, I tell them exactly why they are wrong, with the first opportunity they give me to fight back with....right in the NOD.

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There's still one glaring error. They are asking for permission to talk directly with the Vet and cut out the middleman (VSO/agent/ law dog). That's a Bozo no-no in 50 states (Miranda, anyone?)

Edited by asknod
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Muskogee, Oklahoma. If it works; good if not we can still send whatever we think is best for us. I still have an open mind until I see the end result. jmo

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Well..VA's games have started. On Monday the 22nd, I was notified by Vet rep (Oklahoma Veterans) that the DRO meeting scheduled for the 23 of July has been cancelled because they need another c&p exam. PCP and last 2 c & p says A & A needed also 2 social worker at VA clinic. I don't see the point because even if new c & p says no; the benefit of doubt and 5 positive should make it moot, but we know what one they will go by. But we have to keep a good mental outlook because we know the games will continue. I even asked them to send to the VA Central Office for advisory opinion.

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Be very careful what you ask for. Sending it to VACO might sound innocuous but it may create a six-month delay in implementing it. Or, after 3 months, they'll decline to offer an advisory opinion and begin anew on a brand new C&P. Either way, you have inserted a delay. Always remember 1) VA will attempt to misinterpret what it is you seek; and 2) will act on it even if they don't plan on offering an advisory opinion. This is the H2IK sequence (Hell if I know). They employ it to great effect in delaying or slowing things down so they can CYA. I've seen this often where a Vet asks for a DRO hearing. After being ignored for about a year or more, he asked for a BVA Board hearing if they weren't going to give him his DRO hearing. Six months later, he got the notice that he had elected to abandon his DRO hearing request. Period. He never did get one. He still hasn't been scheduled for the BVA hearing yet.

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