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Are Nod & Appeal Same?


cowgirl

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  • HadIt.com Elder

Okay, dont mean to sound like i havent read the NOD and appeal postings here. I am filing two NODs two different claims.Just looked back through my older claims where I had filed NOD, was wondering if those are considered appeals also? As far as I recall NOD is a simple statement identifying the item on the VA denial that I want to have reconsidered and processed again for the compensation claim. Hope I am on the right track, NOD first, then more specifics ASAP. thanks for any comments, cg

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A Nod is the first step of an appeal, It states your disagreement with a decision. Please note that your writing a Notice of disagreement and not a request for reconsideration. Once the VARO receives your NOD, Then they will send you out a statement of case There will be an attachment asking you what you want to do, Dro review or Formal appeal. I marked DRO on th elast one I got and 3 years later I had my DRO hearing so in my opinion, The BVA ( FORMAL APPEAL) has a faster completion time.

Example of NOD.

NOTICE OF DISAGREMENT

Not a request for reconsideration.

Va File Number: 000-00-0000

Name: Pedro Mcgillicuddy

Date: 06/14/2006

Issue(s) in disagreement with: Assigned 30 percent rating for coronary artery disease.

Reason for dsagreement: I disagree with the RO decision for Coronary artery disease. He assigned a 30 percent evaluation. The criteria shows an ejection fraction of 50 and thus should be rated at the 60 percent level. My Ejection fraction has been measured by cardiac cath at 48. I have attached the Rating schedule for Coronary artery disease.

I seek the correct rating per VA regulation on this issue.

Sincerely,

Pedro Mcgiullicuddy

cc: VSO

Edited by jstacy (see edit history)
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  • HadIt.com Elder

You also need to be sure that you have filled out their blasted Form 9 and attached it or mailed it later.

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  • HadIt.com Elder

A Notice of Disagreement (NOD) is the first step in the appeals process. If you want to appeal a decision from VA, you have to write them a NOD stating what rating decision and the specific issues on that particular rating decision you disagree with and why. In the NOD you can elect to have your NOD reviewed by a Decision Review Officer (DRO), or have it handled the traditional way through the BVA. If you do not state which avenue you would like to have your appeal handled, the VA is suppose to send you a letter asking how you want your appeal taken care. You have, I think, 60 days from the date of that letter to elect your choice. If you do not respond to VA with your choice, the VA automatically routes your appeal though the traditional process.

If you elect a DRO review, a DRO will review all the issue you have appealed and either grant some or all of the benefits sought or issue a Statement of the Case (SOC) further denying your appeal, or both. If you receive a full or partial grant of benefits sought, you'll receive a rating decision for those issues as you would for any normal claim. If you receive a SOC, you have the option of then filling out VA Form 9 and having your appeal sent to the BVA for further action, or you can send the VA "New" evidence they were previously unaware of and have them reconsider there decision. This will prompt the VA to either grant the benefits sought or issue a Supplemental Statement of the Case (SSOC). If you receive a SSOC, you can either fill out the Form 9 within 60 days of that SSOC and have your claim sent to the BVA, or again send the VA "new" evidence. Thus, completing the cycle just mentioned.

If you elect the traditional process, the RVSR will issue a SOC explaining again the reasons for the denial and you have 60 days to send in VA Form 9. Your appeal will then be sent to the BVA. If you do not respond within the 60 days your claim becomes final!

Remember, you can only file a NOD within one year of being sent a rating decision denying benefits. Once the one year time period for submitting a NOD has elapased, the claim becomes final. The only way you can seek service-connection for that denied issue is to either re-open your claim with "new and material" evidence or win CUE. If you re-open your claim, your effective date become the date of the re-opening, not the original date of submission!

Vike 17

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  • HadIt.com Elder

I agree with both Vike and Pete. If you don't send in the Form 9 nothing happens. I send in the Form 9 along with the NOD because in my RO you get the SOC along with the original rating decision. I write on both the NOD and the Form 9 that I want a DRO Hearing. The time I did not send in the Form 9 with a request for a DRO the VA disregarded my NOD request for the DRO and almost sent my claim to the BVA. I found out just in time or I would have probably still been waiting for my IU. You just have to assume that the VA will screw up on everything at least once.

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OK just to clairify for all the new people

A NOD is a Notice of Disagreement, it is NOT an appeal, it is simply a statement that you disagree with the VA's decision..

You can include in the NOD that you wish either a traditional or non-traditional appeals process...

Each claim is different, and each has its own issues, so I would seek advice as to which route I take..

A NON TRADITIONAL appeal is a review of the claim by another rater at the same VA Regional office - now that kinda sounds bad, but for a simple and straightforeward claim I personally have found it to be much faster than a BVA Appeal which is the traditional appeal.

As stated in an earlier post you have 60 days to decide which route you want to take after submitting your NOd, otherwise they will select the traditional process.

Now..here's my logic..

A simple claim taking the traditional path can go up to 7 years.. yep 7 years to get finished, most are settled in about 2 (my experience)

A simple claim taking the non-traditional (local) appeals process takes 12 months.

Personally with my advocacy, I have only rarely seen cases where I thought a BVA remand (traditional) would better suit the veteran. Twice in fact.

So theres my 2 cents, please feel free to email me if you have any other questions about this.

Also I have IM but normally dont have it on, email me and I'll turn it on either yahoo, or windows.

Bob Smith

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Oh and I have yet to send in a form 9...

I just put in bold in the NOD I desire a NON-Traditional appeal

And then I put that again in the closing paragraph. Nashville VA (God love em) has yet to mess it up. Though I have found that the level of concern at the Nashville VARO seems - well one hell of a lot better than anywhere else.

My experience though...

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  • HadIt.com Elder

"I just put in bold in the NOD I desire a NON-Traditional appeal"

Okay, Sixth, I see that is a De Nova Review ! Gotcha,

Thanks to ALL who helped me clarify my fuzzy thinking. If I get it right, I can do a NOD, with request for a A. De Nova Review, or B.DRO or C.BVA. Additionally, I could submit form 9 with any of these. Only give this paperwork a few hours a day or my head hurts. Hollered "Joy"! when I saw the responses here, husband saw my smile, thats a good thing, thanks again, cg

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  • HadIt.com Elder

Vike,

If you receive a SOC, you have the option of then filling out VA Form 9 and having your appeal sent to the BVA for further action, or you can send the VA "New" evidence they were previously unaware of and have them reconsider there decision. This will prompt the VA to either grant the benefits sought or issue a Supplemental Statement of the Case (SSOC). If you receive a SSOC, you can either fill out the Form 9 within 60 days of that SSOC and have your claim sent to the BVA, or again send the VA "new" evidence. Thus, completing the cycle just mentioned.

If by chance, you should read this. I have what may appear a dumb question to you.

Why did I receive a Statement of the Case stating this is not the DRO's final decision, with a form 9 to fill out within 60 days and have a note stating that you are going for a C&P examination.

I filed out the form 9.

My file went no where. I went for the first C&P and was given a more likely than not decision.

File was immediately transferred to another state to susposedly rate. No true. 5 months later, I was send for a clinic appointment for treatment, which turned out to be a board of two psychiatrist.

One year later I received a denial of benefits, as the Service Manager stated, they placed their weight with the psychiatrist, since they were psychiatrist, even though one refused to sign the examination, making this an in complete exam.

Who had jurisidiction of my claim once I filled out the form 9 and it was turned in to the BVa?

Thanks,

Joephine

Edited by Josephine (see edit history)
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  • HadIt.com Elder

Your question - "Who has jurisidiction of my claim once I filled out the form 9 and it was turned in to the BVa?"

Good question Josephine, I want to know the form 9 path as well. Am researching that too, trying for TDIU; just not sure - my case is valid and VA needs to see that too. When paperwork is prepped I show SO what my next step is, SO okay for quick saddle cinch not much more. Maybe active appeals will rope em in.cg

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