Any Opinions Nod

[Berta]

I filed a timely NOD on a 2012 decision on January 6th 2013.

I asked IRIS for a status twice with no reply so I emailed the director.

She replied:

"In April 2015, you informed me that you wanted the letters that you sent to our office in October 2012 and January 2013 to be accepted as a Notice of Disagreement (NOD) with our January 17, 2012 decision. We have accepted these letters as a Notice of Disagreement regarding our January 2012 decision. The NOD was established on April 13, 2015 with a date of claim of October 28, 2012.

Currently, we are processing NODs in 239 days which exceeds our target of 182 days. I will contact our Appeals Team to determine the status of your NOD and will advise you on Monday, July 20th."

I didnt inform them of anything like that.

How can a NOD sent and received by VA over 900 days ago be "established "as received at a different date?

Sounds to me like they are juggling the 'receipt of the NOD' books.

Has anyone here ever have VA change to date of a NOD to a different 'established' date?

This email from Buffalo VARO is the final evidence for my Writ of Mandamus.

[jbasser]

Berta this sounds like the old bait and switch that Philly got caught doing.

Time to turn up the Berta Motor and bring the heat.

They are ridiculous. One thing about it is this. You cannot say you have seen everything with the VA. They are always creatively dreaming up ways to screw the veteran out of time and out of benefits.

John.

[Berta]

Oh forgot, of course I received no status on Monday.

[Berta]

yeah, time to get tough.

My Oct 2012 CUE preceded my timely NOD.

Their 2 decisions on that CUE are both incorrect.

They did grant the proper time frame of the accrued award but said no further accrued was due to me .

No R and B given.

I did get 6 months of accrued in 2012 but 16 months are still due , because of the March 2015 acknowledgement of the proper time frame.

The director called me to "explain" the lack of accrued.

Her rationale was absolutely legally and medically ridiculous and could negatively impact all other survivors similarly situated.

But , as I asked the court, in the writ how does one NOD a phone call?

Why isnt the reason in the decision? Because she made it up and my evidence they refuse to read combats what she said anyhow..

Then a few months later Jeff Henderson Chief Quality Review Team Compensation- VACO. tells me I already got the entire amount, as it showed on the PC screen that I had already been paid 22 months of 100%, plus SMC, and 2 dependents as accrued.for the exact same claim ( 1151 CVA ) so I had to contact the IG and dont know what that result is yet

Thanks for the Phila. tip John.....

VA is manipulating every statistic they can.

Edited July 24, 2015 by Berta

[Buck52]

Ms berta

write the Director back attach or write his/her reply and ask him/her this

How can a NOD sent and received by VA over 900 days ago be "established "as received at a different date?

And tell them your opinion like in your above #1 post

Sounds to me like they are juggling the 'receipt of the NOD' books.

jmo

....................Buck

[Berta]

I responded to her as soon as I got her email.

I sent her part of the writ.

[Gastone]

What type of CUE NOD, BVA?

Even though I don't use a VSO to file claims, I use a VARO VSO to track claims and as a sounding board. Back in late 12 mid 13 I fired a VV VSO that I had not heard from since mid 2008. The new VSO would pull up my pending DRO Hearing and could only tell me it had "Diary Dates" come and gone, no other Hearing Date info was ever available. Same story all the way up to end of 04/14.

Early 05/14 I got a VA Letter saying hearing was set for 06/29. VSO didn't have a clue and none of the VA 800's had any info. I had sent in an "Official" request for a "DRO Evidence Conference" the end of 01/2014. The VA acknowledged receipt but I never got contacted for an appointment. When I asked the Hearing DRO 06/27 about the Evidence Conference Request, he said "we could do it now."

Semper Fi

Gastone