Nod 485 Days And Counting

[air1]

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.

[vern2]

Oddly enough, another contretemps can occur. If you receive a SOC, you have sixty days to file a VA 9 OR, and a very large OR, you may file new and material evidence to rebut the SOC. In this case (I did it) VA has to issue a new decision denying it and a SSOC informing you of this. You then legally have 30 days and not one sunset more to file the VA 9. I do not suggest it as it will sometimes cause even more litigation as to whether you legally complied with the original SOC, but that is the actual regulation as written. See 38 CFR 19.31. I have actually played this poker game with not one but three SSOC rebuttals before handing over the magic VA 9 and succumbing to that inevitable appeal. VA's VR&E gomers were so dumb they forgot to answer the last SSOC rebuttal and left it hanging unanswered. This is perfect ammo to take to the VLJ at a Board hearing. "Your honor, they didn't even deign to answer me so I was forced to file the VA 9. Please sir. Would you look at my new and material evidence they ignored?" This is what Bob Walsh and I did at my Travel Board hearing in Seattle last week. To say VLJ Vito Clemente was "disturbed" by VR&E's indifference to answering the SSOC is a masterpiece of understatement.

Funny thing on my claim back in 2004, denied, asked for DRO review, awarded 30% in 07 and was happy so did nothing. Discovered in Feb of this year when finally got my c-file after one year wait, that a SOC was issued in my case and supposedly it went to BVA. I never got a SOC , and did not know anything about appeal to BVA. I did not file a form 9. Strange what you can find in your c-file!!

The whole purpose of appeal is to resolve your disagreement at the Regional Office locally. Appeals should be rare and based on case or controversy (or both). We now have a program best described these days as "develop to deny". I speak of a bare, conclusory glossing over of a FDC, a desperate search for some minute flaw or credibility issue, and an unsupported denial based on an undeveloped, or poorly developed, record. This method buys more time for the next in-basket at the DRO. Producing new evidence should by rights provoke a real, nuanced reexamination at your RO. It rarely does unless the evidence is so incontrovertible as to be exculpatory. VAROs, being under the gun to eliminate the backlog, merely play three downs and punts on fourth and long to the BVA. There, the backlog continues to metastasize like a malignant cancer as we all know.

[63SIERRA]

ive waited over 700 days since sending in NOD. almost 2 years and no SOC.. ITS IN WAITCO (WACO)

[Slowlane]

Mine is just an infant........only about 480 days old.........Called Jeff Millers office....and.....after they put me on speaker and everyone in the office finally got thru rolling on the floor laughing (just kidding) they told me that unless I had a statement from a Doctor that I was close to death that there was nothing they could do for me.

[Fat]

HADIT is great............

I learned that after receiving your SOC and filing your Form 9, any additional evidence will cause the claim to linger at the regional office.

And it wont be forwarded to the VBA until a SSOC is issued.

Furthermore, with the waiting times at the regional office, your wait for a SSOC could be one to two years.

"Learn and adjust"

[jfrei]

Ive learned that its appeal pending NOD even after recite of it and after its waiting on the DRO to be assigned and if your claim is EP170 the morning workload report is just aggrevating.

[Fat]

NEVER GIVE UP FOLKS