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Aid And Attendance

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crazyhorse3022

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crazyhorse3022 Contributor

crazyhorse3022

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I need some help. Got a claim in for aid and attendance. Sent in 21-2680 with Nod on 12-17-2014. I then reopened my claim on 1-2-2015. The va cancelled my reopened claim because of my appeal on 12-17-2014. I was told to send in written request to cancel Nod and reopen claim. I'm confused which would be faster a dro review under appeal or a reopen. I really need aid and attendance like yesterday. Thx

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Gastone Grand Master

Gastone

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Just a DRO "Review" could take as little as 12 months + or -. That's if you don't submit any New & Material Evidence (which your are supposed to do) that needs to be developed further. If you review the DRO NOD route, the corner stone of the Request for the DRO involvement is based on you supplying N&M Evidence that the original rater didn't have in his possession at the time of the original decision. Otherwise, the DRO will just review the original denial and chances are, will continue your denial. My 2010 NOD requesting a DRO Hearing was held this past 06/2014, that's about 5 yrs.

How long after your Denial did you take to file the 12/2014 NOD? I just read that the VA is giving 12 months Retro Bonuses to FDC claims filed in 2015. Your A & A is a claim for an increase, not a new freestanding claim that could be considered a New FDC.

Last but not least, lickety split is not in the VA lexicon. You may need it yesterday and even be a hardship case but the wheels turn very slowly at the VA. Do you have a VSO Rep to go to bat for you? Exactly how 70% SC disabled are you? If you need A & A, get on the stick and file for IU if you haven't already. Might be a hell of a lot quicker, or not. Did your VA Dr complete the A & A application for you? Be very careful, saying the wrong thing can open the VA Fiduciary can of worms. Good Luck.

Semper Fi

Gastone

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Chuck75 Grand Master

Chuck75

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I need some help. Got a claim in for aid and attendance. Sent in 21-2680 with Nod on 12-17-2014. I then reopened my claim on 1-2-2015. The va cancelled my reopened claim because of my appeal on 12-17-2014. I was told to send in written request to cancel Nod and reopen claim. I'm confused which would be faster a dro review under appeal or a reopen. I really need aid and attendance like yesterday. Thx

Reopening to me is the same as reconsideration. It changes the EDD to a later date. The NOD preserves the EDD.

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crazyhorse3022 Contributor

crazyhorse3022

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Thx. I have submitted new and material evidence. My va doctor filled out form 21-2680. I filed my Nod 19 days after denial. I think I'll go with a dro review. I'm applying for smc (t) rate for tbi and gunshot injury to head. Have migraines ptsd depression n scalp scarring. I've been p/t since 2008 at tdiu. The (t) rate is for tbi injury and residuals.

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