Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Are Nod & Appeal Same?

Rate this question


cowgirl

Question

  • 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

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • 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

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

Link to comment
Share on other sites

  • 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
Link to comment
Share on other sites

  • 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

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
    • KMac1181 went up a rank
      Rookie
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use