Have To Learn To Read And Comprehend

[stillhere]

I filed a NOD (letter) to the RO and requested a DRO review of my file.

Today I went back and read the denial of my reconsideration and found stuff that I guess I scanned over or just didn't understand

Below is what the said on my reconsideration:

We have reconsidered your claim for the effective date assigned for bilateral hearing loss since your requested a timely reconsideration. We notified you of our prior decision for bilateral hearing loss on July 16,2012. We have not received an appeal for this decision or a request for revision baased on clear and unmistakable error (CUE) with respect to the assignment of the the effective date in the decision .

A CUE is an error that is undebatable in that a reasonable mind can only conclude that the original decision was fatally flawed at the time it was made. For VA to consider your request for revision based on CUE, your must specify the factual or legal error you believe VA made with regard to assigning the effective date in our prior decision.

We will take no further action on your request until we receive this information or you clearly request an appeal of our decision.

I sent the request for a DRO on the 15th of July 2013 but it has not shown up on ebenefits yet I hope I am not to late.

Stillhere

[Berta]

​I have a receipt that it was sent on the 14th so I am hoping I am good to go!

Yes! I think you are definitely OK.

I did see the new form but did not use it. I used the letter instead like I have done the past 10 years dealing with the VA. Thank you for your reply.

That is OK too...... I wonder how many vets out there are not even aware of the new NOD form.

You are good to the git go!

M21-1MR, Part I, Chapter 5, Section B

Part IV under a

An appellant must file an NOD within a specified time limit. This topic provides information on filing an NOD, including

• NOD time limits

• computing the NOD time limit

• informing the appellant of an NOD that was not timely filed, and

• handling a time limit extension request.

The table below describes the time limits for an appellant to file an NOD.

An NOD for …

Must be filed …

a contested claim, including an apportionment claim

60 days from the date the Department of Veterans Affairs (VA) mailed the notification of the decision to the unsuccessful claimant.

References: For more information on

• contested claims, see M21-1MR, Part III, Subpart vi, 6, and

• apportionment claims, see M21-1MR, Part III, Subpart v, 3.

all other claims

one year from the date VA mailed the notification of the decision to the claimant.

[TiredCoastie]

My hearing lose claim was first denied in July of 1984 I recently sent a form 9 appeal to the BVA and won finally. But they only granted my effective date to 2008. I have started an appeal of the claim date and tried first with reconsideration and their response is in my first post.

My denial was based on a entrance exam and my exit exam both of which I feel were miss handled and miss read.

Stillhere

Ah, great. This looks exactly like my situation I'm just some number of years behind you. That makes no sense that your effective date is in 2008. Really hope that you can win this.

A buddy of mine had his initial claim at Roanoke and got done royally. DAV there didn't help matters at all. Hope you're going to make out better than this.

[stillhere]

OK as everyone knows dealing with todays VA is nothing like dealing with the other, even in the last 5 years!

I sent in a NOD on July 15th and it just showed up in ebenefits today. I wasn't even looking for it or maybe I was but there it is! That is a run of what 40 some days. Hmm guess they are really backed up.

My claim for hearing loss that I don't feel went back far enough took from 2008-2012 so looks like this one could go even longer! I am feeling OK but really tired a lot most of the days now and not on the computer helping as much as I used to be.

I seem to get angry at some of the posts and replies and have to bite my typing finger a little bit! Guess I am starting to show my age. Oh well I will continue to help when I can and wish everyone good luck with their claims.

Stillhere

[free_spirit_etc]

Here are the regs on postmark dates in case you need it. When I have filed something close to the deadline, I always get a letter down the road telling me the disagreement wasn't timely because they got it on such and such a day. Then I have to file an NOD on that, and send my proof of mailing and the law -- and that seems to refresh their memory.

Geez - the regs clearly say they have to go by the postmark date - and if there is no legible postmark they should assume it was mailed 5 days prior. But still, on a decision that was made let's say June 5, that the accompanying letter shows they actually mailed June 8 - they will still say "You had until June 5 to respond and we did not receive your letter until June 6. They overlook the fact that you had until June 8, and your letter was postmarked June 2, and there was a weekend involved.

Title 38: Pensions, Bonuses, and Veterans' Relief

CHAPTER I: DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)

PART 20: BOARD OF VETERANS' APPEALS: RULES OF PRACTICE

Subpart D: Filing

20.305 - Rule 305. Computation of time limit for filing.

(a) Acceptance of postmark date. When these Rules require that any written document be filed within a specified period of time, a response postmarked prior to expiration of the applicable time limit will be accepted as having been timely filed. In the event that the postmark is not of record, the postmark date will be presumed to be five days prior to the date of receipt of the document by the Department of Veterans Affairs. In calculating this 5-day period, Saturdays, Sundays and legal holidays will be excluded.

(b) Computation of time limit. In computing the time limit for filing a written document, the first day of the specified period will be excluded and the last day included. Where the time limit would expire on a Saturday, Sunday, or legal holiday, the next succeeding workday will be included in the computation.

Edited August 30, 2013 by free_spirit_etc

[Greg88]

I love the way the VA is very timely with us having to put things and deny because things are late or whatever. It seems that disabled means that we are on a different and strict clock, but they miss things, leave evidence out (or just don't read it) and they get a free pass. I think somebody in Congress should look into these continued clusterfu*ks and start to address them. Does anybody have any idea what the error rate on claims is at this point ?

[meghp0405]

I have definitely learned that simply asking for a re-consideration is not the language to use.

When a veteran submits a notice of disagreement, he/she just needs to submit a VA FM 21-0958. This form is for NOD's just recently implemented by the VA a few months ago. this form makes it simpler for the veteran.

Now I have been told (both) 1. when submitting an NOD include medical documents that the VA has never seen. 2. Do not send any additional information, because the DRO is only reviewing the claim in it's content as it was reviewed by the previous rater. I could see merits with both number 1 and 2., but I have always submitted documents that have not been previously seen.

When a veteran does submit an NOD they have to include why they disagree with the rating. An answer of "I think it should be more" with no rationale is going no where. I believe the VA gives a year, due to the fact that the veteran is going to have appointments with doctor(s) to refute the opinion and determination of the initial rating decision.

I have a meeting in two weeks and I'm going to ask and get the answer from the horse itself.