Nod & New Claim & Raiting Board - What's Next?

[jecsb4]

Hi Veterans and Friendsand Family of Veterans,

I had a claim and like most got lowballed on my rating and received 30% total for several issues. I filed a NOD and also submitted new medical data. While my NOD is pending, I filed for some secondary conditions as an additional claim.

A few months ago, my SO said the VARO had a request to schedule me for a exam of my feet. After 3 months, still no exam, so I call the SO and he told me that my claim is with the rating board as of 2 weeks ago and thhey usually keep it for 4 weeks. SO said he thinks VARO may not schedule me for C&P exam.

What happens next? How can they rate me w/o a exam? Will they use my new medical info to form a rating. I have letters from 3 different foot doctors stating that I am significantly diaabled due to my feet and I can only have a sit down job with no walking!

What happens if I don't like their rating? Do I file a 2nd NOD? Also when will they work on my orginal NOD?

Thanks, and soory for all the questions.

Joe

[Guest jstacy]

That SO may have be blowing smoke. If you have received a SSOC from the VA it will state what they are intentions are like scheduling you for a C@P exam. These VSO's just shoot from the hip and say anything. This causes Vets to be more and more confused. Take what the VSO says Very lightly.

If you want to know, Uste the VA isis inquiry to ask a direct question. The response you will receive will be in writing and you can save that for a later date.

Good Luck.

[Cavman]

Hi Veterans and Friendsand Family of Veterans,

I had a claim and like most got lowballed on my rating and received 30% total for several issues. I filed a NOD and also submitted new medical data. While my NOD is pending, I filed for some secondary conditions as an additional claim.

A few months ago, my SO said the VARO had a request to schedule me for a exam of my feet. After 3 months, still no exam, so I call the SO and he told me that my claim is with the rating board as of 2 weeks ago and thhey usually keep it for 4 weeks. SO said he thinks VARO may not schedule me for C&P exam.

What happens next? How can they rate me w/o a exam? Will they use my new medical info to form a rating. I have letters from 3 different foot doctors stating that I am significantly diaabled due to my feet and I can only have a sit down job with no walking!

What happens if I don't like their rating? Do I file a 2nd NOD? Also when will they work on my orginal NOD?

Thanks, and soory for all the questions.

Joe

I got so many different answers and lies while waiting on my answer. I called the VA 800# 3 Fridays in a row and got completely different versions each Friday as to where my claim was and when I would hear the results. You can also add a different version from my SO. They all say anything to get rid of you. I think the best way to get quicker results is to call the VA 800# weekly. I feel the SO if absolutely no help. I justy sent in a new claim and an appeal and am not going to even contact or let my SO know.

Cavman

[Vike17]

If you have submitted additional claims during an appeal, I wouldn't expect a decision on that appeal anytime soon. Normally, the VA will decide all open issues/claims first before deciding any appeals. The reason for this is there can't be any open issues in the C-file if the claimant's appeal remains denied and they decide to take their appeal tp the BVA.

If there is sufficient medical records in the claimants C-file to rate the claim, the VA may not elect to schedule a C&P exam. They would use that medical information and produce a rating from that as long as the documentaion is current. I have seen this done a couple of time, so it can happen.

If the appealed issues are decided in your favor, you'll receive another rating decision. If you are still in disagreement with the new rating, you can file a NOD within one year of that rating decision. For every rating decision VA produces, a veteran has one year from the date of the rating to submit an NOD. If your appealed issues remain denied (in your case not increased), the VA will send you a Statement of the Case (SOC) outlining why they've decided what they did. You have 60 days from the date of the SOC to either submit VA Form 9 and have your appeal sent to the BVA, or submitt new evidence the VA was previous unaware of. If you submit new evidence, the VA will consider it and either grant the benefits sought or issue a Supplemental Statement of the Case (SSOC). If you are issued a SSOC you have 60 days from the date of the SSOC to substantiate your appeal (Submit VA Form 9) or again send VA new evidence to be considered and either be granted the benefits sought or issued another SSOC.

Vike 17

Edited September 29, 2006 by Vike17

[jecsb4]

Vike 17,

So what you are saying is that if they deny my additional claims or give me a lower rating than what I believe I deserve, then I file a 2nd NOD for the denied / reduced secondary claims?

I have allready filed a NOD on my inital rating for my initial claims. Boy, whay a system.....lucky I am still in my 40's and will most likely be alive to see the outcome of this paper shuffle, unlike some of our older vets.