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

[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