Appeal/dro Question

[k5one]

My claim was denied June 2014. I now have a diagnosis/IME and will probably have a IMO soon. I am submitting all of this in January 2015.

As I understand it, a new diagnosis/IME/IMO is N&M evidence, which will trigger an automatic review, within 1 year of denial of your claim.

My question is; After I submit my N&M evidence, if it is denied, will this reset the 1 year for appeal, or is the appeal time frame still 1 year from June. I plan to file an appeal if my claim is not granted prior to June of 2015, but was trying to find how N&M evidence affects the appeal time frame.

[GatorNavy]

My claim was denied June 2014. I now have a diagnosis/IME and will probably have a IMO soon. I am submitting all of this in January 2015.

As I understand it, a new diagnosis/IME/IMO is N&M evidence, which will trigger an automatic review, within 1 year of denial of your claim.

My question is; After I submit my N&M evidence, if it is denied, will this reset the 1 year for appeal, or is the appeal time frame still 1 year from June. I plan to file an appeal if my claim is not granted prior to June of 2015, but was trying to find how N&M evidence affects the appeal time frame.

No, if denied upon receipt of the N/M evidence; the appeal date will still expire June 2015. Only a NOD submitted by June 2015 will keep the claim in appeal and preserve the effective date.

[Berta]

"As I understand it, a new diagnosis/IME/IMO is N&M evidence, which will trigger an automatic review, within 1 year of denial of your claim."

Right

"My question is; After I submit my N&M evidence, if it is denied, will this reset the 1 year for appeal, or is the appeal time frame still 1 year from June. I plan to file an appeal if my claim is not granted prior to June of 2015, but was trying to find how N&M evidence affects the appeal time frame."

If they deny again the NOD deadline is still one year from the initial denial.

Are you filling the N & M as a reconsideration? That too requires the NOD be filed within that first year after the initial denial.

You could also file the NOD as well ,separately , but refer to the Reconsideration Request in the NOD and vice versa.

Whatever you file I suggest that you use a 21-4138 as a cover letter stating the enclosures etc, and put Attention to: on the 4138 and the envelope ,the initials of the last person whop made the decision ( they are found in the alphanumeric thing at the right hand side of the letter)

Nothing can stave off the NOD time frame.

[k5one]

I was thinking that the NOD deadline stayed the same, but just wanted another opinion.

Thank you

[Gastone]

K: My opinion, File Your NOD Yesterday and be sure to Request A DRO Personal Hearing but you do what you want, it's your claim. Do all of this on your own, don't rely on a VSO-Rep, be sure of the NOD being filed exactly the way and when you want it done.

VARO N&M Evidence received post decision triggering a VARO Claim/Denial Review by a SR VA Rater (Supervisor) or an actual VA DRO. Time limits? As long as your claim decision has not become "Final," any N&M Evidence received by your VARO from You or any other source (VA Dr's Etc) automatically triggers the VARO Review. Upon completion of this review, if the award/denial is continued (No Change) a Supplemental - Stmt of Case is completed and forwarded to the Vet and their Reps. It probably wouldn't hurt for you to include a VA Stmt Support of Claim indicating you believe this to be N&M Evidence in support of your Award/Denial dated --/--/----. CYA, Right.

N&M Evidence will not affect your NOD except to help it. NOD DRO Hearings are taking anywhere up to 2+ years, mine took almost 4. In your case, a VARO Review might just get your issue awarded much sooner. At the very least, you would know by the SSOC that your Claim had been reviewed. As long as your claim is within the 12 month NOD window or actually on appeal all the way up to the 90 day N&M Evidence cut off letter, that the VA sends you when your claim is Certified and your C-File is transferred to the BVA (3-5years), ANY N&M Evidence will require the VARO Review. The BVA only wants to address claims that have been fully developed and reviewed at the VARO level, that's probably why there are so many Remands to the VARO. Down the Long Road of the appeals process, take some time and review BVA Decisions for 2014. You can even try and find your issue/issues. The BVA Awards-Denials and Remands can be very informative.

All actions/in-actions have consequences. If you plan to NOD your 06/14 decision anyway, waiting just adds additional months wait time.

Semper Fi

Gastone

[Gastone]

K: Regarding your (?) about after the VARO N&M Evidence Review and your Time to file your NOD. There in lies the problem. You nor anyone else has any idea of how long it will take for the Proscribed VARO Review to take place. You will only know it was done when you get an unexpected Award or the Sup Stmt of Case, continuing your Award/Denial. I am not aware of anything a Vet can do to change the 12 month NOD dead line filing Date. Don't chance it, many a Vet (Including yours truly) procrastinated the NOD filing right up to the 11th month. Got nothing for it other than extra months added to the wait for my DRO Hearing.

Semper Fi

Gastone

[Philip Rogers]

I would file the NOD on Monday, submitting w/it any additional or new evidence you have. That protects you. Like Gastone states, submit it yourself, certified, return receipt requested. Don't rely on any VSO you may have. jmo

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