What To Include In Nod

[toddt]

I am ready to file VA Form 21-0958, FEB 2013 Standard NOD. I have read that you should not present your arguments when filing a NOD. Is this true? If so, what should be put in Box 15 A. "Specific Issue of Disagreement"? In Box C. "Percentage (%) of Evaluation Sought" I put: In accordance with: 38 C.F.R. § 4.97, Diagnostic Code xxxx . Would you agree that that would be better than giving an exact percentage?

Edited March 5, 2015 by toddt (see edit history)

[georgiapapa]

toddt,

www.attiglawfirm.com has tips on filing a NOD on their website. Check it out, it looks like good info.

GP

[Buck52]

GP I couldn't get the link to open?

toddt, just keep it simple

I respectfully disagree with this decision and request informal DRO Hearing at my Regional Office.

Thank you in Advacne

****** * ******** claim#

Then at your hearing present all your evidence above & any N&M evidence you can usually favorable IME/ IMO medical evidence from a specialist or MD in the field of your disability's.

............Buck!

[toddt]

I have an IME from a specialist in the field but was unsure if I should send it in with my NOD. So, I will save it until I receive a SOC from the RO. Appreciate the help.

[georgiapapa]

Buck,

Try just typing the web site in. www.attiglawfirm.com

GP

[Buck52]

If they denied on medical evidence?

DRO Hearing is the best way to go! as long as you can present good medical evidence that challenge there decision you will win.

you can sit with a DRO and tell him/her of your disability and how it effects your life.

if you don't and appeal to the BVA your probably in for a long wait.

Anything you can resolve at the RO is always good!

JMO

...............Buck!

[Buck52]

Oh okay GP

I Will

Thanks Buddy

...........Buck!

[georgiapapa]

You are welcome.

[Gastone]

Not sure, but I don't think the DRO "Informal" Hearing is an option at the initial NOD filing. My 06/2014 DRO Hearing was scheduled as an Official Hearing, recorded and Transcribed, transcription would take about a year to get a copy. I had re-read in late 2013, the VA DRO Best Practices Manual, and picked up on the DRO's option to request a "Informal Evidence Conference." No idea if the "IEC" was available for a Vet to request but figured what the hell, let's give it a try. I'd been waiting 4 years and hadn't seen any movement on my 2010 Hearing request. Probably just a coincidence, received notification of a DRO Hearing early 05/14. No indication if it was for 10 or 12 NOD's or for the "Informal Conference" request. At the hearing I asked what was on deck and the DRO said the 10 NOD. I asked about the "Informal Conference' request and he just smiled and said I could have this hearing either formal or informal. I opted for Informal, best decision I ever made. 2 guys just discussing issues with easy back and forth. The DRO said because of informal hearing choice, he was going to address my 2012 NOD Hearing also. Awarded everything. A great day at the office. I left after about 45 min knowing everything had been awarded, only unresolved issue per the DRO was the exact dates for Retro. Later that day my VSO Hearing Rep called to say he had the DRO's official Award on his desk stating IU with max Retro, T&P with no future exams scheduled.

I followed Chris Attig's Vetlaw.com site and actually purchased a couple of his on-line books. Great insight and legal advice. In particular, the DRO seemed impressed with the Notarized Affidavits that I presented in place of the VA's Statement in Support of Claim.

Semper Fi

Gastone

[gillespie]

After waiting a year for my C&P exam the examiner refused to address any of my issues she considered "secondary" to my primary injuries even though I had supporting

Doctor's reports; MRI's; X-Ray's and other supporting documents. The rating letter arrived today and the rating was not changed, so no surprise there.

I need to file a NOD and would like to get an IME done as well.

Are there any peer recommendations in Texas, particularly the San Antonio area for an Attorney to consult with and a Physician to do the IME?

I have the information on the Attig Law Firm, Dr. Anaise and Dr. Bash from prior posts and can go that diretion if there is no local San Antonio or Texas recommendation(s).

[saints13]

How long is the wait for a DRO review? I'm tired of the regional office!!

[toddt]

gillespie

You might want to start your own thread it should get you more replies.

saints13

I have read that DRO reviews are taking a minimum of 200 days

[Buck52]

I might had it was years ago since I had my DRO Hearing (2002) and I'm sure the backlog is a longer wait time now!

I filed NOD sent to my RO asking for a DRO Hearing and got a letter back from RO stating they received my NOD within 4 weeks,and said I will be contacted and schedule the Hearing...I got that letter 2 months later for the schedule Hearing with information letting me know what to bring and any medical evidence I may have.

My DRO hearing was about a VA Dr opine in a report unfavorable to my disability (he had no prof) although he was the C&P examiner , He ask if I was a Vietnam combat veteran (yes sir) I see your here for an increase in your service connected disability (yes sir) he fail to ask any questions at the C&P about my disability I was there a whole 5 minutes my wife was with me to witness.

he said I will take your c-file back down stairs so your free to leave. (as for as I know he never look in my c-file?

then later about 3 weeks I got my letter from RO stating to propose to reduce.

anyway to make a long story short

I got a IMO from a private speclist (using hadit VA guidelines for IMO's) and the DRO went with my IMO...along with notarized statements and other medical evidence, and stated this at my hearing ''Here at your DRO hearing(date) in person with a DRO & RATING Speclist its quite obvious your disability is real.''and a increase is warranted rather than a decrease propose to reduce.

This all was recorded transcribe.

It was a simple hearing and its your chance to tell them about your SC disability's in person face to face and how it effects your life.

The DRO Had the VSO to get the correct forms filed out and the DRO expedited my claim with retro and was awarded 100 %& P&T with disability's as of nature with no future exams scheduled.

I got a thumbs up from the DRO..and I looked at my wife and said finally its over.

got the big brown envelope about 3 weeks later and my retro was already in the Bank.

That is why its good to get a DRO hearing....I believe if you have good medical evidence to support your claim the DRO's will do all they can to Award.

..................Buck!

Edited March 26, 2015 by Buck52 (see edit history)

[Buck52]

Please don't get me wrong , every veterans claim is going to be different & each DRO is different but if you get all your ducks in a row and present your good medical evidence favorable to your disability's you will win and just remember the longer you wait the bigger your reto will be .....>so just hang in there and keep fighting. never give up!

...................Buck

[georgiapapa]

Good advice Buck.

[saxman]

DRO review times differ greatly depending on your RO. Oakland RO is taking an average of 533 days for a DRO review.

[K9MAL]

I shot an email to Bob and got a DRO hearing in about 30 days. The lady I got was very adversarial and acted like I was trying to steal her milk money.

[Buck52]

With Desert Storm Veterans and the Iraq /Afghanistan war veterans the claims back log has increase tremendously

but its still the same although some of the filing forms have change and Different RO's make a big difference (the people working there). but in reality it all boils down to the medical evidence we present and hopefully they read the evidence!

If I was having problems with my claim taking a long time I personally would write my RO and ask why/is there a problem? (save copies and get return receipt) and go there in person if no response. (phone calls they can promise you the moon but still nothing)

Seems like when there reminded to work your claim they get after it....although emailing VA Honorable Bob McDonald and Mrs Allison Hickey gets the ball rolling...a veteran should be able to do the same.

jmo

.............Buck

[FormerMember]

<<<<<<<<<<<<How long is the wait for a DRO review? I'm tired of the regional office!! >>>>>>>>>>>>>

I have a news flash for you. A Decision Review Officer (DRO) is usually a GS 12-13. Worse for you, Saints13, they are located at the Regional Office and only at the Regional Office. There is no special Regional Office populated strictly by Decision Review Officers except for maybe the AMC in DC. A DRO review is a legal option in the appeals path that occurs after a denial, following a NOD filing and before substantive appeal is certified to the BVA (see 38 CFR 3.2600). If you are tired of the Regional Office' handling of your claim/appeal, the very last thing you want is a DRO review. It almost guarantees you'll be there for another 500 days (Oakland = 585). Just a head's up. With USB Hickey's admonition to clear the backlog decks by 2015, VAROs across the US have instituted a "deny and appeal" stance to rid themselves of initial claims backlogs. This simply overloaded the DRO process and the BVA. The backlog still exists-just not at the RO ---on paper. Best of luck.

[jc30655]

123

Edited August 16, 2015 by jc30655 (see edit history)

[broncovet]

You asked about the NOD, and I wont get into the DRO/NO DRO contorversy, as there are good reasons for both sides.

However, on the issue of the NOD:

One attorney (I cant recall his name) said, to the effect whenever he got a chance to argue for benefits for his client he took it. I mean think about it. You hire an attorney..you go with him before the judge, and he says nothing in your behalf!! I would be mad, especially if he lost. I do understand that guys like Ken Carpernter may have already done his arguing before and does not need to repeat it. However, most "long term" hadit people recommend you do a great job on your NOD, and explain exactly why you think you deserve the requested benefit. Dont make some rater conncect the dots for you..this is your chance.

Now, one theory is to file a quick nod, I disagre with the decision dated xx-xx-2014 on all issues and request (or opt out) of a DRO review.

I say dont do that. Here is why:

1. At a minimum, you should know why you deserve benefits better than anyone else. Who knows your case better than you? Your VSO? I doubt that. Your attorney may, but then he should be filing your nod, not you. So you should explain why you think you deserve xxx benefit that was denied.

2. Some suggest arguing your case "later". Bad idea. VA tends to lose that "supporting evidence" or supporting statement. But, they can not lose that IF ITS INCLUDED IN YOUR NOD, and YOUR NOD MAKES IT TO THE BVA. YOUR reasoning will "have" to be read, and wont be lost, else the BVA wont ever get your case, as a nod is required to go to bva or its immediately denied. NO NOD, no appeal. There is no reason for a Veteran to self delay his claim. Does the VA not delay your claim enough without you also delaying it??

3. This is YOUR chance to tell your side. Make it persuasive by:

a. Citing evidence, backing up your position. Example: The VARO decision stated there was no current diagnosis of PTSD. However, Dr. Ima VADOC, on Sept. 14, 2014 specifically stated, "The Veteran was arrested for domestic violence again, due to his PTSD." (Doctors report enclosed).

b. Make sure you refute "reasons and bases (RB) for decision". The RO decision's RB should be a template for your NOD. If you can, refute each "reason" stated by the RO and cite your evidence. If you do not try to refute the RB, then you are, by default, agreeing with the reasons for your denial!!