Claim reopened December 2013 with overwhelming new positive evidence
The one year deadline in approaching and I have no guarantee that the claim will be decided by the September deadline for filing a NOD. I was told that once a NOD if filed, all rating activity stops, and goes to the DRO route.
So I will have to make a decision in late August whether or not to file the NOD and protect my date of claim. This would of course cause a delay in the rating of the claim (by DRO) by nearly a year. Or, I could take a chance that the claim is rated say in October and granted. But if denied, I will have lost the effective date and a lot of retro, even if I can get it reopened or appeal that decision.
Please correct me if any of this is incorrect….
So getting to my question. Say I file a NOD, and they are required to formulate and send me a “statement of case” , which I assume is a well developed statement of their reason for the denial in Sept. 2013. Would they be obligated to review the new evidence that has been submitted regarding the claim prior to creating this SOC? If so, and if it is obvious the claim can now be granted, how would they proceed? Would they grant the claim, or just send it on to the DRO to consider many months later?
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SubicBay0311
Background
Claim denied September 2013
Claim reopened December 2013 with overwhelming new positive evidence
The one year deadline in approaching and I have no guarantee that the claim will be decided by the September deadline for filing a NOD. I was told that once a NOD if filed, all rating activity stops, and goes to the DRO route.
So I will have to make a decision in late August whether or not to file the NOD and protect my date of claim. This would of course cause a delay in the rating of the claim (by DRO) by nearly a year. Or, I could take a chance that the claim is rated say in October and granted. But if denied, I will have lost the effective date and a lot of retro, even if I can get it reopened or appeal that decision.
Please correct me if any of this is incorrect….
So getting to my question. Say I file a NOD, and they are required to formulate and send me a “statement of case” , which I assume is a well developed statement of their reason for the denial in Sept. 2013. Would they be obligated to review the new evidence that has been submitted regarding the claim prior to creating this SOC? If so, and if it is obvious the claim can now be granted, how would they proceed? Would they grant the claim, or just send it on to the DRO to consider many months later?
Any thoughts would be greatly appreciated.
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FormerMember
You may ask for a hearing, Carlie, if you go the DRO route, but it is not an absolute prerequisite of a DRO review request under 38 CFR 3.2600. I suppose if you are going to ask for a review this way
FormerMember
You filed a FDC or Fully Developed Claim. They have a policy of denying virtually all but the obvious claims so do not lament. Since your claim was denied in Sept. 2013, it is still alive. There was n
FormerMember
I got the bad news on the DRO shortage from some raters in the Columbia, SC RO about three months ago. It still hasn't improved yet. They're AFGE and have been blowing an ass gasket with the CO. They
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