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

[jc30655]

123

Edited August 16, 2015 by jc30655

[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!!

[broncovet]

I think the new NOD forms are to lure Vets into filing a Nod for no good reason, so the DRO can say, "Yep, the Veteran filed a NOD, but I agree with the original decision maker this should be denied". And why would your DRO not do that if you do not give him reasons?

Its like this. You apply for benefits. The rater denies you, calling you a liar. He says you dont deserve your benefits, that YOU thought you deserved because blah, blah blah.

Now, the ball is in your court. Its your turn to hit the ball back! You bounce it right back, and say, "The rater has it all wrong. I told the truth. See, here is a docs report showing the rater had it wrong. He either did not read this report, or shredded it. Its here in black and white that I deserve my benefits"

[MarkInTexas]

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

So say you get an IME/IMO done in the middle of your NOD process and prior to any DRO hearings being scheduled. What needs to be thrown in with the submission of the medical reports? A request for some sort of new review based upon new and material evidence, or just wait and talk about it at the DRO hearing, whether formal or informal?

Peace out!

Mark