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Vba Nod Form 21-0958


carlie

Question

Go to the following link and click the download button.

http://formupack.com/pdf-forms/federal/va-veteransaffairs/FederalVA_VBA-21-0958-ARE.html

"THE USE OF THIS FORM IS NOT MANDATORY. HOWEVER, USING IT WILL HELP REDUCE DELAYS IN PROCESSING YOUR NOD. THIS FORM HAS SEVERAL KEY COMPONENTS, WHICH WHEN FILLED OUT COMPLETELY AND ACCURATELY, WILL DECREASE THE AMOUNT OF TIME IT TAKES TO PROCESS YOUR NOD.
Frequently asked questions:
For what do I use this standard NOD?
Use this form to indicate to your Regional Office (RO) that you disagree with a decision you received regarding
your claim for disability compensation. Examples of these decisions may include entitlement to service
connection, percentage of evaluation assigned, and effective date among other things.
Should I fill out this form?
Only fill out this form if you disagree with a decision issued by your RO. This includes an initial decision, a
decision for an increased rating, or any other decision you disagree with.
Where can I get help?
You can ask the Department of Veterans Affairs (VA) to help you fill out the form by contacting us. Before you
contact us, please make sure you gather the necessary information and materials, and complete as much of
the form as you can.
What should I do when I have finished my NOD?
You should provide your signature in the block provided at the bottom of the second page. Be sure to sign
every form you fill out before you send it to us. If you don't sign the form, VA will return it for you to sign,
and it will take longer to process.
Attach any materials that support and explain your NOD.
Mail or take your NOD to the RO that issued the decision or notification that you disagree with, which is the
Agency of Original Jurisdiction (AOJ.)
Do I need to keep a copy of this NOD form?
It is important that you keep a copy of all completed forms and materials you give to VA
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Hello,

I am a noob so please excuse my ignorance if this has been mentioned... I searched several times but have not found a topic on this.

I just received my claim back with a newer version of the NOD, dated Jan 2015. The instructions now state this form is mandatory. Also states you must complete the form to notify your RO that you disagree with the decision.

Just wanted to bring this up to the smart and experienced folks here, don't know if everyone has seen this version yet...

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Yep. VA changed the rules March 25th, 2015. No more SF 8.5X11 (white). From now on, everything is on VA stationary. Carlie published that when it was still an option in August 2014.

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Do you send it to the Evidence Intake Center or to your Regional Office?

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Since March 25th, the only place to submit new evidence are the approved intake centers in Cheeseville, Wisconsin and Newnan's own in Georgia. If you are filing an Extraordinary Writ of Mandamaus, however, the need to inform the pukes at your Regional Office demands you send them an invitation (in duplicate) to the hanging personally. We're going into a whole new world of VBMS litigation. Everything is going to be in a word-searchable .pdf format to help the poor raters find that which you file. For some reason no one has been able to determine, VA raters have poor vision and even poorer sleuthing skills when perusing your c-files. This is why you sometimes have to submit evidence several times for them to catch on and get it.

Anything you file from March 25th on, has to be in their format-i.e. Form 21-526EZ for any claims filing of any sort, the 21-0958 for all Notices of Disagreements, the Form 9 for all substantive appeals after you (finally) get the Statement of the Case asking you what part of "no" you do not understand. To answer a SSOC, I suspect the old standby 21-4128 is still the approved vehicle. If I am wrong, I would appreciate someone's correcting me. Remember, this is new, uncharted territory we are entering. VA considers it Boldly going where no Vet has gone before. I suspect it's simply more of their Boldly going nowhere fast.

Clear prop

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I am new here and while doing my homework for my Claim. And filing my Appeal, I have witnessed that since the RO has to do a SOC now that they are contacting me about my Claim and letting me know they are there to help. But when it comes to submitting new evidence that you have for the VBA I did get a letter stating I needed to submit it to the one of the two places mentioned. If it is old evidence or lack of evidence on the PRo's part then they will be asking for your help.

I for one am reluctant to provide the PRo's office with new and material evidence they so just happened to not get by some unforseen act of God on their behalf. I would believe that me or anyone would want to get the information to them as quickly as possible to process. But on the other hand if you can submit evidence that the VA RO had the chance and opportunity to gather but used the old saying that you have to get the information yourself and get it to us for consideration. W

I say this with honesty and sincerity that if I signed the Release forms for them to they the Medical,evidence from the source themselves and they chose to use the "We don't have to help you get evidence" saying. And you can provide that proof to show they did not try to help you and the evidence shows that you were right, then why let them off the hook now. I know they refused help me prove my Claim so if I can turn it around and show negligence on their behalf and the evidence has its own merits. They don't have to get a copy of what I am submitting for evidence.

You can say that I have frustrations and should try to help out by giving them a hand, well I say why help them if they were not willing to help me before it got to the point of have judge or someone review the evidence to see if they did their job.

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So I read this as a Schafrath v. Derwinski duty to assist violation, correct? And you are proposing to let them clothesline themselves with their new "If you want to do a FDC, you have to be proactive about obtaining your own evidence for us instead of us doing it."

Further, you propose to let them fail to obtain needed evidence necessary to prove your claim ( that you, yourself, may have in your possession) so that you can spring a failure in the duty to assist later on at the appellate level. The fault with that line of reasoning is that the best it will provoke is a remand from wherever the error is caught (DRO review, BVA decision or CAVC). This will delay the claim for an inordinate time and deprive you of a higher rating while you wait for them to readjudicate it below at the Regional Office level. Remember, neither the CAVC nor the BVA is a Court of Equity and doesn't do ratings. They must remand to the local yokels to do the actual ratings.

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In regards to the NOD....My decision for some reason was reached by the VARO in the state i lived in 2 states ago and not in the one where i live and had my C&P exams.

1) Can i send the NOD to my local VARO

2) Can i request my case be adjudicated from now until decision (and hopefully not into appeal) at my local VARO?

3)I will be sending my evidence to Janesville, WI via certified return receipt and Fax from now on.

4) Is there a time limit on how soon after my NOD that i have to send in evidence, or can i just collect it and have it with me at the actual interview? Is it required to submit prior?

5) I already had a hearing scheduled (as mentioned in other posts) in another state (with 2 days lead time) so i sent in via certifed, fax and iris that i would not be able to make it and requested a new hearing at my local VARO.

6) what are pro's/cons of doing DRO vs traditional appeal (Vet board) via NOD

7) i have heard of the "filing for reconsideration" what does that exactly entail and what are differences between that and NOD, etc.

Edited by USMC_VET (see edit history)
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@asknod I did end up turning in the documents to the VA.

Since the time I posted what I had to say back then I have already been to the DRO hearing. But the evidence in question was a FCA ( Functional Capacity Assessment ) Test. This was done by a Private Facility.

Back to the DRO hearing, I went to New Orleans,La. for the hearing and once the hearing started the DRO let me explain all I wanted to explain. And then he finally told me to just go back home and file a NOD for "Earlier Effective Date of Claim" and "Depression and Anxiety" I did and still do not understand why he would not let me know that I needed to do those before coming down there. All he did was grant me a New C/P Exam.

And of course it was at the same facility with a different nurse practitioner that did not even accept the evidence and proof. i even asked her about it and she said they do things their way and that was not a acceptable means of testing for them. So I am still puzzled here. But when comparing the old C/P side-by-side with the new one, they can not agree with each other on lots of things. But the one thing they could both agree on is that my condition now is not what I was discharged with "Patella Femoral Syndrome." But they could agree that it is "Traumatic Arthritis" now. And both of them took the time to mention that it is because I am overweight and not because I 47 now and not 21 years old like when I was discharged.

I did come here to mention names or anything like that. What i feel is that the VA ( C/P Exam employees ) have already made up their mind and since I requested a new C/P exam they no matter what evidence will not change their mind. In the last examiners statement she was giving legal advice and making statements about the VA RO made a clear and unmistakable error in giving me 20% for "Traumatic Arthritis." 

I will try and make this explanation short. I was discharged in July 1991 with "Patella Femoral Syndrome." After being discharged I went to the local VA office and turned my paperwork for disability. Guy in the office just laughed at me and said at that time in 1991 with 20% disability it would take me 10 years to off the Severance pay I got. But said he would send it in if that is what I wanted, and I said I wanted to file it. After almost 9 years ad not hearing anything I felt it was time to start getting benefits or compensation from my medical discharge disability. Wrong. He did not file it and the VA had nothing on it.

So I was forced to redo the paper in 1999 and apply from there forward, since there was no evidence of me filing in 1991. Now the 1999 Filing took 2 weeks and was Denied. Simply put the VA looked at my discharge papers along with the Medical board Review and Findings from the in-service records I had saved. And said there is no current disability. Well when filling out the paperwork the local VSO checked the box that I was willing to come for an examination. The VA said that at that time period they did not have to grant me a medical examination that if i could not provide them with a Fully Developed Claim it would be Denied. I even sent them the doctors I had seen during that time period 1991-1999 and asked them to get the medical records. After getting my C-file I seen where they said that sent me a letter stating that they could not reach that facility and that I needed to get them myself. Would of been nice to of received that letter.

After the VA denied my claim i thought well they wont give it to me so there was no need to keep trying. In 2001 my left knee got so bad I had to get insurance from private sector through my job and have arthroscopic surgery done. And in 2009 my left knee was so deranged and unable to even walk on it with bone fragments behind my knee and in the tendon of the patella, along with worn out cartilage and the femur and tibia bones had spider web fractures in them. And again had to get a private doctor to do the surgery, same doctor did both of them. And at the beginning of 2010 I went back up to the VA local office and asked them about my disability. So we had to start all over again with new file, but the VSO this time was curious as to why they would not service connect me for my discharge and filed a NOD and asked for an exam and for them to accept the evidence.

Short version they Denied the Claim without the evidence of the surgeries and said there was no nexus. Been at it every since then trying to get the VA to let me into the Orthopedic Clinic without any luck. So again in 2014 I went back to the local VA office and filled out paperwork again. Except this time someone had given a person within the VBA to email or talk to and i did and that person was able to contact the New Orleans RO and that is where we stand with the back and forth process of not accepting my medical evidence and for some reason they continue to say they accepted my lay statement but it has never been recorded. 

Right now I am still awaiting the DRO decision for both the 20% disability rating NOD and the Depression and Anxiety Claim, both of which are at the DRO and been waiting for Review and Decision. And somewhere in my heart I feel like they are going to rule unfavorable against me since I went over their heads and to the VBA in Washington. 

@asknod if you would like to see some of the documents and reports I would be glad to have someone help.         

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Ardodd, I'm absolutely swamped with Vets I'm helping. It looks like you have had either very poor representatives from VSOs helping you or a concerted effort by VA to sandbag you. Any time you walk into a RO and flip a claim onto the counter, they file it and date stamp it right there on the spot. They generally ask you if you'd like a copy w/ the date stamp too. So I guess I don't get the 1991 VA clerk saying he'd file it but he didn't. That's against  the law in 48 states. 

As for the 1999 filing, you have to have three ingredients. Sounds like you arrived with two and were lacking a current diagnosis. As I say, I'm looking through binoculars backwards from here. My advice would be to beat feet to a good VA attorney. If you have a c-file semi-up-to-date, it might help the atty. to see the chronology of the claim. Remember, the CAVC doesn't recognize a VSO as being anything more intelligent, legally speaking,  than your dog or cat. If you did all this pro se, I might understand your confusion. But how you got aced in 1991 is a mystery. Best of luck, sir.

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I know this is an old thread but I would like to add my two cents.  Only in the wacky world of the VA can they make a specific form requirement to perfect an appeal.  This is the epitome of 'form over substance' which courts outside the VA frown upon.  The ultimate object is to have the claim ruled on it's merits, not if you have dotted the I's and crossed the T's.

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Well, yes, Sgt Stelmo.  The VA makes it clear its their way or the hiway.  The Nod, now has to be on an approved form, as does TDIU, neither of which required specific forms in the past.  Interestgly, they dont have a "nexus" or "Caluza elements" form, where Vets can list precisely how they meet the Caluza elements...that would give Vets the advantage if they knew what raters are looking for.  However, you can post your Caluza elements here on hadit, and members may opine if they think your evidence meets those critieria.  

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Those were the good days when you could write your NOD on a piece of paper.  My VSO once forgot to file my form 9.  I was told my case was over but I discovered any statement contesting the decision could be a form 9.  I had filed a letter to the VA stating such, so my case continued after the RO ruled my statement could be considered a form 9.

I really believe these new regs are enacted to prevent a case such as mine.

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