Really need some validation that I've got the right approach on my response...
I just got a letter from the RO stating that my NOD was rejected. The letter claimed I used VA Form 21-4138 "Statement in Support of Claim" rather than VA Form 21 0958 "Notice of Disagreement" and that it was received beyond the one year deadline from the date the claim closed/decision letter mailed.
Double checked and sure enough, I used the right form and have ample proof that I got it postmarked prior to the deadline thanks to all the advice to send everything certified mail/return receipt requested. 38 CFR §20.302(a) states, “The date of mailing the letter of notification of the determination will be presumed to be the same as the date of that letter for purposes of determining whether an appeal has been timely filed.” In fact, thanks an earlier IRIS discussion, I resubmitted my NOD and the proof of timely filing back in March.
I'm responding by letter and will resend a copy of the NOD along with the proof of timely filing. Just wanted to double check that I'm not off my rocker here...
Could the RO have decided that since my NOD was "late" so it became a "Statement in Support of Claim" rather than my appeal? Am I reading 38 CFR §20.302(a) correctly that it's the date it was postmarked, not the date the RO decided it was received?
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TiredCoastie
Really need some validation that I've got the right approach on my response...
I just got a letter from the RO stating that my NOD was rejected. The letter claimed I used VA Form 21-4138 "Statement in Support of Claim" rather than VA Form 21 0958 "Notice of Disagreement" and that it was received beyond the one year deadline from the date the claim closed/decision letter mailed.
Double checked and sure enough, I used the right form and have ample proof that I got it postmarked prior to the deadline thanks to all the advice to send everything certified mail/return receipt requested. 38 CFR §20.302(a) states, “The date of mailing the letter of notification of the determination will be presumed to be the same as the date of that letter for purposes of determining whether an appeal has been timely filed.” In fact, thanks an earlier IRIS discussion, I resubmitted my NOD and the proof of timely filing back in March.
I'm responding by letter and will resend a copy of the NOD along with the proof of timely filing. Just wanted to double check that I'm not off my rocker here...
Could the RO have decided that since my NOD was "late" so it became a "Statement in Support of Claim" rather than my appeal? Am I reading 38 CFR §20.302(a) correctly that it's the date it was postmarked, not the date the RO decided it was received?
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TiredCoastie
Wow, thanks so much! I really appreciate the CFR section about postmarks, Free Spirit, and the advice from all to keep after 'em. I think I will respond by letter, probably today, and include all ki
ArNG11
Tiredcoastie, although you have that appointment to see your c file, make sure you make known if you see there are missing documents or documents that are not yours in your file. Also under the Freed
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