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Request New C&p With Nod


wingnut73

Question

I just got my decision for an increase. Went to 30% from 10%. Four other contentions rated SC with 0%. All for various skin cancers

They over looked VA doctors notes about cancers still in treatment and pending more surgery.

I would like to request a C&P to use as evidence with my NOD. is this permissible?

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Could be wrong but don't remember reading about any Vet requesting a C&P. C&P's are ordered by VARO Rating Dept. I think your in for a possible NOD DRO Review or Hearing as long as you get the "New & Material Evidence" to back up the SC % you believe you should be rated at. What evidence do you currently have that was not available to the VA Rater at the time of the original decision? What and why do you think the awarded SC% is wrong? In your Award letter the Rater explained why you were rated at 0% and not a higher rating, right. What was mentioned in regards to being necessary for a higher rating and are you sure you have those requirements covered?

Semper Fi

Gastone

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On the advice of the DAV guy I wrote the RO and asked for reconsideration on new evidence.

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I would immediately file the NOD and get a step closer to sending the case to the BVA.

In my opinion a reconsideration can be a good maneuver; however they can ignore the reconsideration request and let your one year appeal period lapse.

There are several good articles on HADIT regarding NOD's and getting cases certified to the BVA .

Im becoming convinced the BVA is the preferred route especially if the NOD wont be heard for more than 2+ years and a eventual denial.

With the backlog, appeals are not a priority and I think regional offices might be rushing through NOD's.

I hope not, but my intuition tells me otherwise.

"NEVER GIVE UP"

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