ptsd Nod Or Wait And Start A New Claim?

[Slowlane]

After you have been denied an increase in PTSD you have 3 options. 1. DRO hearing. 2. NOD. 3. Start a new claim.

For me, #1 DRO is too late (its been about 6 months). The choice between 2. NOD and 3. Start a new claim needs consideration.

If I file a NOD it make take 2 or 3 years to get a decision.

If I wait 6 months I can file a new claim and with all the emphasis that the RO's have on rapidly processing the claim I might get an earlier decision.

Am I overthinking this?

[Slowlane]

Lets see if I got this right.........I file a NOD before the one year limit and ask for a DRO hearing. At that point I will have more "new and material evidence". If the DRO denies then I go BVA.

[Philip Rogers]

Lets see if I got this right.........I file a NOD before the one year limit and ask for a DRO hearing. At that point I will have more "new and material evidence". If the DRO denies then I go BVA.

According to what, I interpret, Harleyman saying, is to file for an increase, with any new evidence you have, just prior to the one yr deadline and NOT filing a NOD. If it goes to the DRO, he/she probably won't look at the new evidence but will either return it for a new decision, due to the new evidence or affirm the previous decision, thereby causing the next appeal step to be the BVA (3-4 yrs). If they accept it as a claim for increase, they will probably order a new C&P (as the old C&P is a yr old) and any new records they may control and do a new decision, hopefully an increase w/a retro date. jmo

Also you could argue the claim for increase was a NOD, since it was filed within the one yr appeal deadline period, later if needed. Again jmo.

pr

Edited August 28, 2013 by Philip Rogers

[71M10]

Sorry, I should have put quotation marks around slowlanes 30 day statement/question. His posts seem to indicate he is seperating the DRO and NOD into two different processes. My post was an attempt to indicate to him that the DRO is a process within the NOD/appeal system.

I hope I havent confused the issue further!

[Slowlane]

I have done a DRO hearing before (on a different item) but it was a predetermination hearing that can only be arranged in the first 30 days of denial. Thats where I got confused about the first 30 days.

Harleyman saying to file for an increase........How do you do that to a active (less than one year old) denial without it being a NOD?

I think the best thing to do is entirely erase this thread and start over.

How does a normal veteran without computer skills even attempt to get compensation? AI got 3 Vietnam Vet buddies that wont go near the VA at gunpoint!

[Philip Rogers]

You simply write a letter, as I stated, requesting an increase, rather than stating "Please consider this a notice of disagreement (NOD) with your decision dated xx/xx/xxxx."

As for your friends, they can file online or write a letter to the Veterans Service Center, explaining what they are claiming. They will eventually have to go to the VA for a C&P exam or be denied for not showing up.

pr

[Slowlane]

Thanks PR "simply write a letter" Will do.

Edited August 28, 2013 by Slowlane