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

[GatorNavy]

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

I don't think it's that complicated. The recon is probably buried under a stack of claims on a raters desk because they don't have enough evidence to go to the "boss" and change the decision. Now with a NOD the claim will move on to the appeals team. I always use the 21-4138 that has the sworn statement on it. The RO likes to use that form anyway. They even put my change of address on a 21-4138. DRO review is an 18 month gamble. We have a small shop in the back of the country store with two DROs. Neither one of them wants to go against their own rating team. Only 11% of denied claims will go on to the BVA so they could care less. Some say a DRO review is another bite of the apple. IMHO, why walk into an ambush when you know where it is? The OIG gave my VARO an overall error rate of 30%. I think to double that is more realistic. Name and claim number on the corner of every page is muy importante!

[carlie]

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

Get a date stamped copy of your submission from them.

I would either use or not use a vso.

If you don't want a vso in it then do not sign a poa.

If you already signed one and no longer want it - notify them

and the va in writing.

You can do this when you go there.

[carlie]

At the VARO level there are really NO provisions, law or reg for a reconsideration.

[GatorNavy]

Technically a "Request for a Reconsideration" at the VARO level is a re-open within the one year with New and Material evidence. I understand it has no bearing at all on the NOD or the appeal date. It can be a useful tool. It takes so long to process a decision that new evidence can come to light or the Vet's condition can change. You can file a NOD right away but sometimes in a smaller shop the rater is still familiar with your claim and will change the decision. Worked for me once anyway. I got SC for two contentions but I submitted some inpatient records that had recently come to light. Took me four months to get the decision changed. I was low-balled but at least I had retro in the bank and SC contentions to appeal.

[Gastone]

Carlie: Up until just recently, I agreed with your post. I did see a warning on a Stateside Legal blog advising to be "VERY Careful" in requesting the NO REG Covering "Reconsideration" due to it being considered by the VA as the filing of the NOD.

After reading that warning, I came across U.S.C. 17.133-1 "Procedures -Reconsideration of Denied Claims." I haven't found anything to indicate this regulation has been rescinded. I'm advising Vets that I talk to, to steer clear of any type of "Reconsideration" request unless they have all their "New Evidence" to submit with the Recon Request.

Semper Fi

Gastone

[Gastone]

Gatornavy: Check out U.S.C. 17-133-1 "Procedures-Reconsideration of Denied Claims." What do you think? Can the VA consider a Reconsideration Request a NOD filing? The VA as well as the rest of the US Govt are big on following Regs. I don't see any wiggle room in 17-1333-1 allowing the original rater or his supervisor to classify a "R-F-Recon" as anything other than a NOD filing.

Semper Fi

Gastone