tdiu Wondering If This Has Happened To Anyone Else Lately

[Shyne-I]

Hello All,

I am wondering if anyone has received a letter from their RO lately stated that your appeal period has expired and in reality it has not??!!

Just a little background for those who don't know my struggle...

I filed an original claim for Fibromyalgia, Depression secondary to Fibromyalgia, and individual unemployability on July 11, 2012. I received my denial on April 11, 2013. I submitted new and material medical records that I was just recently able to get a hold of from the years 1997 to 2004 to show continued symptomatology to prove "continuity" for service connection. I submitted a NOD around the same time because I disagreed with the VA examiner's rationale on my C&P exam for Fibromyalgia. From there I asked for a DRO review and requested to be present for a informal hearing. Well....I was once again denied by the DRO without even having the informal hearing. I finally sought out help from the TVC because I was never able to find an AMVETS rep in my area; we filed the Form 9 on November 11,2013. Fast forward to today...I received a letter from the Waco RO stated that:

" You were previously denied service connection for fibromyalgia. You were notified of the decision on April 11, 2013. The appeal period for that decision has expired and the decision is now final. In order for us to reopen your claim, we need new and material evidence. Your claim was previously denied because the evidence does not show an event, disease, or injury in service. Therefor, the evidence you submit must be new and relate to this fact."

My appeal period shouldn't expire until April 2014!! What is going on here?? I'm at a loss, my VSO says that this has been happening a lot lately and just come in and we will submit a statement. Does anyone have a clue of what is going on?

Shyne-I

[63SIERRA]

ps the TVC didnt do anything for me either when they were my reps back in 04.

im going to say that its my opinion that some of these service officers are selling veterans out,..

theres just too many instances where these things are happening.

If you are a service officer and doing the right thing, you should not be offended. If the shoe fits wear it.

Your rep should be fire breathing angry that they did that to you. It doesnt sound like they are even concerned by what you said.

OHH it happens alot lately we will submit a form since you caught it.

DISGUSTING!!!

hang in there girl, you will win, we will win, by caring and sharing.

remember this, they made you a warrior. fight them like one.

Edited January 1, 2014 by 63SIERRA

[john999]

Requesting a reconsideration and a NOD are not the same thing. You can send in a reconsideration request, but the NOD clock is still running. This is the conclusion most of us have come to over the years on Hadit. The NOD is the first step in the formal appeals process. I do think you must say you disagree with the decision and state you intend to appeal to the BVA or that you want a DRO. With the Reconsideration I believe that you should print in bold caps RECONSIDERATION REQUEST across the top of the page, so the VA does not get it mixed up with a NOD.

[63SIERRA]

I filed a NOD, and requested a reopen at the same time. so not sure what they are doing, but says its on reopen not appeal . OK LISTEN UP. If they deny me again, I will then request a FORMAL adminitstrative review. This will allow me to make them produce what it is they used to deny me, and I can use that against them at a APPELATE court hearing. Shyne what was your reasoning in asking for an informal hearing ?

Edited January 1, 2014 by 63SIERRA

[63SIERRA]

Requesting a reconsideration and a NOD are not the same thing. You can send in a reconsideration request, but the NOD clock is still running. This is the conclusion most of us have come to over the years on Hadit. The NOD is the first step in the formal appeals process. I do think you must say you disagree with the decision and state you intend to appeal to the BVA or that you want a DRO. With the Reconsideration I believe that you should print in bold caps RECONSIDERATION REQUEST across the top of the page, so the VA does not get it mixed up with a NOD.

it

its all hoodwink games, to confuse the vet., they didnt confuse Shyne, so they tried moving the date up, hoping she goes away. Hoping she didnt know abt the one year law. its plain as day what they are doing.

[63SIERRA]

http://legalnewsyoucanuse.com/va-benefits-news/new-standardized-notice-of-disagreement-va-form-21-0958/

I’ll note the form DOES NOT include a block that indicates whether the veteran is requesting review before a Decision Review Officer (DRO) or a traditional appeal. I suggest that the veteran clearly annotate on the form, or in an accompanying correspondence, which method they are requesting.*

I saw the light, I saw the light, no more darkness no more night !!!!!!!

Edited January 1, 2014 by 63SIERRA

[63SIERRA]

Legally It looks like the current NOD form is basically a farce. It doesnt corner the va into doing anything unless you specifically indicate, what it is you want them to do. All you are doing with the NOD. is disagreeing with them, and it forces no action on thier part. the form 9, or indicating what you specifically want them to do, is whats needed after you send in the NOD form.