Nod Or New Claim Question

[mark105]

Hello, I am a 70% rated OIF veteran and I've always had very good experiences with the VA thus far. But I spoke with my VSO the other day about a back injury claim I put in last April. I received an award letter Saturday.

I received a 10% rating for arthritis, and most importantly service connection.

I had a Back MRI done July 30th, 2013. This MRI was apparently not available to the investigators on my claim. The MRI showed the Arthritis as well as a herniated disk with nerve impingement and spine narrowing.

The VSO said put in a new claim for a higher percentage based on new evidence. I asked if I should'nt appeal this decision for a higher rating based on the MRI as new evidence. I figured if awarded a higher rating I would get the back pay to April 2012. Is the VSO's way best or should I appeal and risk losing the service connection and 10% I did get?

PS The arthritis has a long medical name, but it's arthritis, I don't have the letter available as I write this.

[Philip Rogers]

I would submit a NOD, on the recent decision, especially since the MRI was done during the process of that claim. Your VSO is an idiot!!!!!! See how they sort of work for the VA, by giving you bad info, that could cost you retro. jmo

pr

[TiredCoastie]

I've heard similar from a VSO and followed it. In retrospect, I very much expect to have to NOD the original claim anyway seeing as the RO hasn't moved on my request for reconsideration...which could be like your request for an increase. So instead of NODing back in April, I'll be NODing this fall having lost six months.

PR has a great point about the NOD. There's likely a higher percentage that they'll actually approve it rather than delay, deny, etc. if you file a claim. And the NOD would preserve your original filing date as the effective date. From what it sounds like, there's a more detailed look at a claim by people who actually read if you take the appeal to the BVA. Given the existing SC, it should be a slam dunk with a solid IMO letter noting the SC nexus.

If you put in a new claim, that's the effective date instead. And, with the probability being that you're looking at a very high percentage, even 100% maybe? (You'll have to do the math...DON'T take my word for it.) that a considerable amount of money for the VA to chunk out. That's a big incentive to deny it somehow. So if they deny the increase for some reason, and they can, you'll just have to NOD that rating decision anyway. So why wait?

Nothing's for certain here other than the VSO would have to do some work if you appealed...another fine excuse for the VSO to try to steer you to initiate an increase claim...

[Philip Rogers]

Your VSO would probably submit something along this line for your increase: "The veterans claims his condition has gotten worse." He/she would probably add some stupid line that they should expedite your claim and award you all that you deserve. jmo

I'd go w/the NOD.

pr

[mark105]

Thanks Phillip and Coastie, I'm going to do the NOD. Should I fill it out on my own or get an attorney or out of town VSO to assist me?

[Philip Rogers]

Thanks Phillip and Coastie, I'm going to do the NOD. Should I fill it out on my own or get an attorney or out of town VSO to assist me?

Personally, I would do it myself, as it looks relatively simple. I rarely see any need for a VSO, as most I've seen aren't worth anything(except maybe, Meg, who posts here, she seems to really care).

pr

[71M10]

You cannot lose the 10% award by by filing a NOD. The NOD/DRO process does not generally allow for a reduction of the award being appealed. The exception to this of course is situations involving fraud, but if that is the situation, the reduction would be the least of your worries.