Hand Delivering Nod-Take Everything?

[kate7772]

We are hand delivering my husband's NOD to VA regional tomorrow. Should we include all IMO's, private medical records and pertinent literature with the NOD or wait until a later date to send it in?

Thanks,

Kate

[carlie]

We are hand delivering my husband's NOD to VA regional tomorrow. Should we include all IMO's, private medical records and pertinent literature with the NOD or wait until a later date to send it in?

Thanks,

Kate

I would submit copies of everything with the NOD.

On the NOD I would also list by number, these as enclosures.

I would leave the VARO with a date stamped copy.

jmho

[kate7772]

Yep, that's why we are hand delivering; to get a date stamped copy, as advised here. Went to local VSO yesterday to get help with the NOD and generally have them involved in case we need them in future. Left after deciding their help would be a hinderance. This same office really messed up the original claim. The new VSO there is quite good at assuring how wonderful she is in her job but proved otherwise. She was offended we insisted on taking the NOD to hand deliver. Messed up on putting dates in and insisted we did not need to include things that the VA were likely to have. Also said we only had 30 days from the denial to file the NOD and now just needed to ask for an appeal. My husband brought the correct info up online to show her and she conceded. We plan to visit DAV in Cleveland first to see if anything needs tweaked and then take the NOD down the hall to VA regional to get a date stamp. Do we need to do anything besides watch them stamp it, like get a receipt or anything? Also, the NOD will need to go to Louisville since it involves a Camp Lejeune water claim. As long as it is stamped by Cleveland, I assume it doesn't matter if Louisville receives it after the due date of Sept 19. Correct? I imagine it will languish in Cleveland for a while.

Thanks,

Kate

[Gastone]

Kate7772: Do you need a VSO? You don't need 1 to file your NOD. When I hand delivered my 1st NOD 2010, I just wanted to be sure it was received due to being the 11th month. At that time I hadn't heard from my original filing VSO since 08/2008. Do you need to take all of your "NEW Evidence," I didn't but it's up to you. Everything you turn in at the VA Receptionist will be date stamped as received. Be sure all of your "New Evidence" has your Husbands name and Claim Number on each page. I eventually had a Name and Claim Number stamp made at Staples.

While your at the VARO, check out the different VSO offices. You don't need the VSO to file the NOD but you should consider a VSO DRO Hearing Specialist to consult with and accompany you to the DRO Hearing. These VSO Hearing Specialist are generally much more knowledgeable and experienced due to their "YEARS" on the job, some having been DRO's with the VA before retiring. They won't get your DRO Hearing any faster but can be a valuable information resource.

Are you requesting a DRO Review with Personal Hearing? If so, be sure to reference the "DRO Personal Hearing Request" on all future correspondence with the VA regarding this NOD.

Semper Fi

Gastone

[Notorious Kelly]

Kate,

Glad you're more on top of your claim than the VSO.

For people equipped to handle their own claims, the VSO's only value is checking status occasionally and the hearing specialist Gastone mentioned.

Good luck!

[Gastone]

Kate7772: FYI. I think you mentioned you were worried about the affect of filing your NOD on your previously requested "Reconsideration" request. How long ago and who file for the Denied Claim Reconsideration? A NEW or Continued Denial Decision may have already been made. Especially if you haven't supplied all your "New Evidence" until now.

In some of my recent research on "Denied Claim Requests for Reconsideration," it appears that it is VA Policy to Immediately consider any veterans request for "Reconsideration" of a Denied Claim as the official NOD filing and the beginning of the appeals process. My interpretation of the VA Regs regarding the "Reconsideration" is that if noted in your husbands C-File, a request for "Reconsideration" filed by either your VSO or yourselves, you have Officially filed a Denial Claims NOD. This Reconsideration Filing means your denial and "New evedence" will be reviewed by the original raters immediate supervisor, not neccesarily a DRO. There is nothing mentioned by the VA Reg allowing you a personal hearing. This could be a big problem, the raters supervisor may have already reviewed your denied claim and any or no new evidence that you have supplied since the denial was issued. This happened to a friend who thought he could give the new evidence at his DRO hearing. Problem was, VSO asked for DRO Review without a hearing requested. DRO reviewed his claim without benefit of any new evedence, issued another Denial.

Don't Assume Anything. Check your E-Ben site, what is the status of your denied claim? Get A VSO at the VARO to verify your Denied Claim Status. Read up on "Sworn Declarations Vs Statement in Support of Claim." Even though you have supplied all your "New Evidence" with your 09/11/14 NOD filing, I would complete a Sworn Declaration to include PDF attachements of all New Evidence.

Semper Fi

Gastone

[broncovet]

Kate:

Did you request a DRO review, hearing or straight to the BVA?

Your answer will affect my answer:

1. DRO/BVA hearing. If you have a hearing, then you can inspect the RBA (Record before agency) and make sure it contains your evidence. That is a good time to make sure it has it all because, remember, your RO bundles this up and sends it off to BVA and they put whatever evidence they can find to deny you and "lose" the rest.

2. If you have no hearing, I think its a good idea to incorporate on your NOD a reference to your specific items of evidence you consider particularly usefull and favorable.

Vets appeals are incredibly disorganized, redundandant, and missing half the evidence, so its no wonder why we have to appeal to the CAVC. The bad part is that if it was not in your RBA at the BVA, dont expect the CAVC to consider it part of your evidence. You have to make sure the BVA has all your evidence..and you may get to look at your RBA...but this is not the best time to do this at the NOD, because they can still lose half your evidence before certifying it to the Board, which wont happen for about 2 years or so.