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What To Include In Nod

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toddt

Question

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 by toddt
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  • HadIt.com Elder

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

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Good advice Buck.

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  • HadIt.com Elder

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

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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<<<<<<<<<<<<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.

 

 

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