What Exactly Is Nod? And Does It All Go To Bva?

[GlitterPopRock]

Does a NOD go into BVA for appeals, or can they find the flaw and it just take a few short months and skip appeals, or do all NOD go into an appeal, if no further evidence is needed, they just overlooked something and we bring it to their attention, is it settled fast

Please check out my thread for my information on what is going on with my DENIED IU claim

[jbasser]

A NOD is called a Notice of Disagreement. It is written in response to a decision you do not agree with.

Example: The VA denies a claim or awards a claim that you are not happy with.

I (Veteran Name) Disagree with the VA decision dated _____/______/_________ .

1: I disagree with the denial of _______________ because ___________________________________.

Or

I disagree with the award of (whatever) percent. The regs state that this condition should be rated at ________ percent.

SIncerely

Your name.

You also have the option to ask for reconsideration using similar format.

J

[GlitterPopRock]

The VFW is going to help me with the NOD tomorrow he wants me to being in my original claim from jan 07 denied in dec 07stating a personality dx, mimicked bipolar and PTSD, I appealed jan 08 and in July 12 was awarded bipolar and PTSD %70 PTSD, so he wants also that award letter showing there was never personality disorder, it was ruled out and over ruled to bipolar and PTSD, which now they blame ssdi says I have personality disorder and bipolar on top of all my other service connected disabilities and that only bipolar and personality disorder make me unable to work, ssdi only noted I have personality disorder because of that old claim where they tried to say I have it, it doesn't even exist! And bipolar is in fact part of my %70 for mental!

They went on to say in my denial I have only ever been treated by the va for the past 10 years for bipolar alone! I am treated for anxiety with agrophobia (PtSD) and depression (bipolar) BoTH!

Anyhow, is noD a thing that takes years and goes into appeal no matter what???? Or is it something that can be won and never go to appeal, if we word the NOD well enough to show they overlooked what I am treated for and that in fact it's part of my last appeal I just won and that in fact ssdi only put in my disability for personality disorder on top of everything else because they were the ones who originally said I had it and I don't!

[Vync]

Jbasser's template is excellent.

A reconsideration is an option in some cases. In a nutshell, you are telling the VA that they screwed something up and to take another look. It is important to realize that the with a reconsideration it is possible that the same analyst might look at it and not change their mind. The other problem is that with an NOD there is a time limit. Kind of like on the main topic you linked when you said that you ran out of time. Before the timer runs out, you must either change the reconsideration to an NOD or do a formal appeal, otherwise you could lose your effective date. Sometimes the VA might turn around a reconsideration before the clock runs out, but be prepared if things get close.

An NOD is more formal and can preserve your effective date. You could also ask for a de novo DRO review, which moves your claim to a senior or more experienced rater and ensures that a different person looks at it. You can even ask for in person DRO review. I did that. I was able to plead my case to the DRO in person at the RO. I had great success, but was very well prepared. It did take about a year and a half before I got my appointment, but I was not experiencing a hardship situation.

Be sure to check out the main hadit.com page. There are a lot of great links and resources about NOD's, appeals, etc... Also, be sure to read the extra pages that were attached to your decision letter. They should have included instructions about filing an NOD.

[GlitterPopRock]

thank you guys, heading to the VFW now!

[Vync]

Best of luck to you!