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eg1970

Being Told The Nod Was Never Received

Question

My father filed a Notice of Disagreement on September 4th. 2013. We checked ebenefits but it said that he didn't have an appeal. He called the DAV guy a month ago and he said that we should hear something soon.

My father called the VA 2 weeks ago and they said they never received it and it's now too late to appeal but on the ebenefits website it shows that they received it on September 17th.

Does anybody know how to proceed?

Thanks

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Get a print screen of the eBenefits showing they received it on September 17th(in future send everyting certified mail, return receipt requested). They probably just got around to sorting the mail from September.

You can do two things now.

Wait

Or

Send an inquiry via IRS or certified letter asking them to confirm the receipt of the NOD and then wait (but your screenshot of eBenefits showing they have it is pretty good proof already).

In about another 40-60 days I imagine you will receive a letter, letting you know they have received the NOD. If you didn't specify in your NOD that you want a DRO review or traditional appeal they will ask you to return a form to formalize which process you want.

They may want you to fill out their new handy dandy NOD form, but I do not believe it can be required yet.

Does your father have a hobby? If he doesn't the both of you might want to take one up. Don't let fighting with the VA consume all your together time!

Best regards,

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Already have a printout of it from eBenefits showing they received it.

Thanks for the help

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Can't help but relate your situation to LP's.

LC

On January 17, 2014, two days after Lauren Price's FOXNEWS Fox and Friends appearance, she received a call.

To summarize the call, Operator ID #1793 bungled through a convoluted explanation of Prices grants application denial, dated January 17, 2014, two days after Prices Fox and Friends appearance.

The VA representative also explained it would take two (2) MONTHS for the VA to send Price the proper documentation needed for Price to pursue reconsideration of these denied claims. When pressed her for the reason for denial, Operator ID #1793 stated that the claims were closed, because I [Price] never submitted an application. The very applications that were logged in by the VA and confirmed by eBenefits on August 8, 2013, and according to VA documentation (mailed to Price) were denied on December 5, 2013two days after Laurens 2013 testimony at the Congressional subcommittee hearing mentioned above.

From the malicious tone of Operator #1793, in the recorded call, it is clear that some at the VA thinks this is all a game.

Listen to the call at http://freedomoutpost.com/2014/01/embarrassed-department-veterans-affairs-retaliates-disabled-veteran-activist-hear-audio-evidence/#SRZ2y4ILtpvMymTi.99

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FILING A NOTICE OF DISAGREEMENT DOES NOT AUTOMATICALLY LEGALLY GENERATE AN APPEAL ANYMORE/.

If your father didnt specify, APPEAL TO BOARD OF VETERANS APPEALS, it may be sitting in limbo. The vet service rep may have requested a ADMINISTRATIVE REVIEW, which is asking the top bannanas at the regional office to take another look, or request a reopen. a reopen must have new evidence.

So call your DAV guy and ask what status the claim is in. NOTICE OF DISAGREEMENT IS NOT A STAGE ITS AN ACTION.

Requesting to have your claim go for APPELATE REVIEW, is requesting a judge decide it. to do that you must fill out a form 9.

This is how I understand it, anyone who doesnt agree, plz correct me.

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Filing a appeal for appellate review is not what you want to do if you dont need to, making the people at the RO do thier job, by stuffing evidence down thier throats until the word denied cant come out anymore seems to be the modus opperandi of winning.

If you run out of evidence , you can request a fresh CP EXAM, and also gather evidence from doctors outside the VA system.

They are hoping you will get tired and go away ..

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