Jump to content
VA Disability Claims Community Forums - HadIt.com Veterans
  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading


  • 2023-foeum-banner.jpg

     

     

     

     

     

     

     

  • red-rectangle-thin-bar.png

     

    Ask Your VA Claims QuestionThe LatestVeterans Crisis Line


     

     

     


    red-rectangle-thin-bar.png

  • Get Your HadIt.com Merch! Check them out here2022-11-16_06-22-29.png

  • Who's Online   0 Members, 0 Anonymous, 23 Guests (See full list)

    • There are no registered users currently online
  • 0

Whats After Nod Appeal?


Cavman

Question

Should you not be happy with your appeal decision, whats next? I know the BVA is your next in line, but how does it work? Do you appeal again the same as the previous NOD letter? And who do you send it to? Is the BVA your only option and is it the way to go? Finally, can you lose what you already have during this appeal?

Cavman

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

7 answers to this question

Recommended Posts

Should you not be happy with your appeal decision, whats next? I know the BVA is your next in line, but how does it work? Do you appeal again the same as the previous NOD letter? And who do you send it to? Is the BVA your only option and is it the way to go? Finally, can you lose what you already have during this appeal?

You have 3 choices.

1: Ask for reconsideration

2: Ask for A DRO review.

3: File a formal Appeal to the BVA.

The VA cannot take away what you have unless they can prove the decision to grant what you already have was cue.

Edited by jstacy (see edit history)
Link to comment
Share on other sites

  • HadIt.com Elder

If your appeal is granted either in part or in full with a rating decision, and you're still unhappy with the new rating, you can file a NOD on that rating. That NOD would be handled just like any other NOD. You would again have the choice of having a DRO review or have the BVA decide the issues.

If you receive a Statement of the Case (SOC), you can file For 9 and have the BVA take a look at it, or you can submit "new" evidence the VA was unaware of atthe time of their previuos decision. By submitting "new" evidence, it will prompt VA to consider them and either grant the benefits sought, or they will issue a Supplemental Statement of the Case (SSOC).

One thing to keep in mind is for every rating decision VA produces, a veteran can file a NOD on it and have the choice of the DRO review or the traditional appeals process.

Vike 17

Link to comment
Share on other sites

Should you not be happy with your appeal decision, whats next? I know the BVA is your next in line, but how does it work? Do you appeal again the same as the previous NOD letter? And who do you send it to? Is the BVA your only option and is it the way to go? Finally, can you lose what you already have during this appeal?

You have 3 choices.

1: Ask for reconsideration

2: Ask for A DRO review.

3: File a formal Appeal to the BVA.

The VA cannot take away what you have unless they can prove the decision to grant what you already have was cue.

And which would you recommend jstacy?

Cavman

Link to comment
Share on other sites

I would recommend a BVA appeal. That may be the fastest route. A DRO review may be favorable, But if it is unfavorable, Then you have to still go to the BVA, It can add up to 2 years on the process.

A similar timeline goes for a request for reconsideration.

It depends on you and how much time you are willing to let ride.

Edited by jstacy (see edit history)
Link to comment
Share on other sites

The VA doesn't have to find a CUE to make a change in benefits, they only have to substantiate that your currently rated disability has shown improvement, or no longer exists.

JMHO,

carlie

Here's some study info that you can find all the steps in for appeals and such.

http://www.law.cornell.edu/uscode/html/usc..._sup_01_38.html

http://www.warms.vba.va.gov/M21_1MR.html

http://ecfr.gpoaccess.gov/cgi/t/text/text-.../38cfrv1_02.tpl

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...

Important Information

{terms] and Guidelines