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Nod 485 Days And Counting

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air1

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Nod over 480 days,the national average 405 days.What is longest for NOD,are they not suppose to be quicker than this,in Huntungton ro,i thought they were fast.Claim is 38 months.

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My NOD and request for de nova review by VARO languished for amost 500 days, untill I sent allison hickey an email. There is movement on my NOD at last. May want to consider this option. allison.hickey @va.gov

make sure to be polite and get a read receipt for any and all emails, same as with written correspondence, cert mail, with green card.

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I agree with Vern. Send the email to Ms. Hickey.

GP

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More info if you please. What ever you choose to share might be helpful.

My 1st NOD about 09/10 from a 2008 claim that I waited for the 11th month to file my NOD requesting a DRO Hearing finally took place 06/27/2014. All issues awarded, including IU from 2012 NOD requesting DRO Hearing. In 01 or 02 0f 2014 I decided to Officially request a "DRO Informal Evidence Conference" in writing. Got a confirmation letter back, but nothing further. 3 months later I get VA Notification of my Hearing being scheduled for 06/27/2014. No identifying info as to what the Hearing was for, Informal Evidence Conference, 2010 or 2012 NODs. When I got to the DRO Hearing I asked what was being covered and was informed that the 2010 NOD was on deck. The DRO also stated we could go "Informal" and he would cover everything and if I wanted to switch back to the Formal Recorded and Transcribed Hearing, my choice at any time during the hearing. I think that's about 66 months. Now I did have a few other claims and awards along the way ending up at 90% SC since early 2011 and the IU NOD 09/12.

I choose to believe that like everything in the military you have to wait in line. Problem is, it is very difficult if not impossible to determine exactly where you are in the NOD Line at any given place in time. I tried on numerous occasions in person at my VSO main VARO location. All they could ever tell me is "It's still pending and Diary dates have come and gone." VSO's are well intended, but aren't very much help with very much other than general info.

Semper Fi

Gastone

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"You've only just begun...to live..."

Sorry to be the bearer of bad news, but you still have a very very long wait. You may be able to narrow it down closer if you can tell us what stage you are in: Do you have a docket number? Has your claim been certified to BVA? Did you get a SOC? Do you have an advance on the docket?

You have been listening to your VSO, or, worse yet, the VA. 405 days for an appeal is horse pucky! It takes about 4to 5 years to complete a BVA appeal. If you elected a DRO review, its possible you could get awarded benefits by the DRO sooner, but likely only if you submitted new evidence. What stage are you in?

1. You file a NOd, and you wait. Did you elect a DRO review? If you did not, they may be waiting for you to send back the DRO election form!

2. Finally, you get a SOC. You have to return the SOC within about 60 days, and send an I9.

3. You wait again. If you submit more evidence, you will have to wait for a SSOC.

4. Then, eventually, your claim will be "certified" to send to BVA by your RO. This usually takes about a year to 400 days by itself.

5. Then, after certification, your National VSO "prepares" your case to the BVA. Mine took 2 years in JUST sitting at the VSO.

6. Finally, the BVA receives your claim, and you get a "docket number".

7. The BVA decides your case and sends it back to the RO.

8 The RO "implements" the Board decision. Mine has taken 3 years (the BVA decision was 2012) and it still is not implemented, I will likely have to file a writ of mandamus to get the RO to implement it.

Unless you have an "advance on the docket" due to hardship, its highly unlikely for your BVA appeal to be completed in less than 4-5 Years. So, you have about another 2to 3 years, and that is an average, it could be more. My 2009 appeal is far from finished, tho it did make it through the board in 2012. Its much worse now, because there are about twice the number of appeals now, since 2009.

Its much worse if yours is a remand, and still worse if it goes to AMC (Appeals management center...the black hole where claims go to never be seen nor heard from again)

Edited by broncovet
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My case is DRO but I was wandering if 485 days a long time for a rating of NOD appeal.I also have a lawyer but unlike a vso will you can call a they can ask somebody in the regional office they cant.

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