All Veterans, Filing A Nod At The Last Minute.

[pacmanx1]

I just want to inform all veterans that filing a NOD at the last minute may hurt your claim. It seems to me that more and more VAROs are taking more then 21 days to get new correspondence in the VA system. I have seem that it is taking 60 to 90 days to get new evidence logged in. I know it takes time to get evidence to support your claims but don't wait. Lots of veterans are getting denial letters when they have submitted new evidence that seem to be lost in the mail or in the system.

Hope this helps.

[TiredCoastie]

No kidding! I submitted a NOD, on the latest version of the NOD form, postmarked a day before the deadline back in December. Earlier this month, after sending it again because they couldn't find it, I got a letter stating I hadn't submitted a NOD and if I had, it would have been late anyway due to the date it was officially inprocessed at the mailroom.

Earlier is clearly better.

[Fat]

A NOD is your main primary statement/evidence after you received a SOC from the VA on your initial claim. The one year cutoff is pertinent in the appeals process and allows you to keep your original filing date. I would suggest always sending in the NOD no later than the 11th month to ensure correct processing in the VA system and nullifying any confusion if the NOD was sent on time.

[ArNG11]

I filed mine, faxed it, mail a certified copy return receipt, as long as you filed before your 1 year expiration and can prove it, they can go suck an egg. We already know they break the law, ignore evidence and ignore the basic rights of veterans but know this, they will be held accountable. The evidence will prevail, the law will see justice done, one way or another, but you have to fight and see it through, till your last breath.

[Vync]

I faxed my NOD a day before the deadline. The VA processed it two weeks later and tried to say it was too late and said my EED would be reset. The DRO said because the fax included the date And time it was sent, the original EED was still in effect.

[ArNG11]

The biggest, most important item here is to make sure you beat the deadline. Send it certified, return receipt, this is a must. Keep copies as you WILL need the information, you can bet your bottom dollar that you will. They will attempt to state that your NOD was not received, that their decision is more than just and final because you did not appeal it. If you let this happen, missing your appellate deadline, you will loose a great deal. I filed mine on the last month and only because I was in the process of getting IMO's and organizing my rebuttal to the BS handout they tried to shut me up with. As if I was an un-educated man that saw the VA as my savior. NOT! I sent the NOD with evidence and a request for 60 days to submit more evidence, the big IMO, and a waiver of review as the local regional office is trying to pull the wool over my eyes. It's "ON" like "DONKEY KONG" I will not give up. I will not stop fighting. "I WILL FIGHT TILL MY LAST BREATH"

I cannot thank my fellow brothers and sisters in arms for their knowledge, assistance, and encouragement. I am truly thankful. JMHO

[TiredCoastie]

The biggest, most important item here is to make sure you beat the deadline. Send it certified, return receipt, this is a must. Keep copies as you WILL need the information, you can bet your bottom dollar that you will. They will attempt to state that your NOD was not received, that their decision is more than just and final because you did not appeal it. If you let this happen, missing your appellate deadline, you will loose a great deal. I filed mine on the last month and only because I was in the process of getting IMO's and organizing my rebuttal to the BS handout they tried to shut me up with. As if I was an un-educated man that saw the VA as my savior. NOT! I sent the NOD with evidence and a request for 60 days to submit more evidence, the big IMO, and a waiver of review as the local regional office is trying to pull the wool over my eyes. It's "ON" like "DONKEY KONG" I will not give up. I will not stop fighting. "I WILL FIGHT TILL MY LAST BREATH"

I cannot thank my fellow brothers and sisters in arms for their knowledge, assistance, and encouragement. I am truly thankful. JMHO

In my case, the RO is trying to say that the date they stamped the green return receipt card was the date the NOD was filed, not the postmark date per the CFR. I'd be all done if I hadn't sent it certified mail from the mail counter with a hand stamped postmark on the certified mail receipt itself along with the cash register slip. We're in the midst of getting this straighted out now.

Edited May 30, 2014 by TiredCoastie