Whats After Nod Appeal?

[Cavman]

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

[Guest jstacy]

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 October 23, 2006 by jstacy (see edit history)

[Vike17]

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

[Wings]

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Overview of the VA Claims Process

http://www.vetadvocates.com/overview/Index.htm

[BoonDoc]

Do you only have the right to one "Formal Hearing" during the entire appeal process, or at each VA decision?

BoonDoc

[Cavman]

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

[Guest jstacy]

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 October 23, 2006 by jstacy (see edit history)

[carlie]

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