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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Submitting new evidence...No LOD


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Good day to all,

Here are some specifics to gain a better understanding...... FDC took effect and was awarded 70% around late March.  I was prior AD Air force and seperated 08. I joined the AF reserve in 2011. The issues on my FDC that I was denied for 1) cervical and upper back pain 2) bilateral numbness pain and tingling left and right arm.

These issues originated while reporting for annual tour at my reserve unit while on Active Duty title 10 orders 2011. I had a pretty bad motor vehicle accident. Hit the median and blew a tire..went airborne like the Dukes of Hazard and lost control, spun out and jumped the median sideways landing upside down on the opposite traffic lane and flipping upright.

 I have the AD for training orders, the ER visit btw, treatment and diagnosis of cervical strain/whiplash, mishap report from my unit, service treatment records at the base urgent care and later physical therapy for cervicalgia symptoms. No LOD was ever given to me only intiated which is one of the issues I have. I have that letter as well. I am no longer in the reserves either.

I also have private physician records just recently of X-ray and MRI that shows evidence of worsening conditions which are 4 cervical disc bulges. A Neurologist that I have been seeing conducted an EMG exam that shows evidence of  bilateral radiculopathy/neuropathy. In the award letter the VA stated the evidence used to determine the claim, came from only Active Duty STR's. Also the contentions were denied in their words (No link was found to military service) I was a newbie and was completely naive about the whole claim process. I should have sent them my STR's from the reserves....

I went to my VSO organization and met with a counselor, talked to him explaining all the new evidence I had and what next steps take. He asked me if  had an LOD then tells me that without the LOD the evidence doesn't mean anything. That they wont even look at it and it would be a waste of time to submit it....Is this true? I am submitting all of it, with a statement of support 4138 and requesting a reconsideration to SC for these denied contentions.....because in essence they did not have it. Please if anyone has any thoughts it would be greatly appreciated. Still a newbie but so grateful for the members here and their knowledge. Thank you for all that you do to research and the information that empowers us. I will keep you posted. 

God bless, All-American Airman

 

Edited by All-American Airman
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Good day to all, Here are some specifics to gain a better understanding...... FDC took effect and was awarded 70% around late March.  I was prior AD Air force and seperated 08. I joined the AF reserve

I had to edit this right away....I  first thought Feb leap year would give you an extra day but it doesn't....       You need to go over the timeframe with a 2015 and 2016 calendar

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I had to edit this right away....I  first thought Feb leap year would give you an extra day but it doesn't....

 

 

 

You need to go over the timeframe with a 2015 and 2016 calendar.

 

4.  Time Limits for Filing an NOD, Continued

 

b.  Computing the NOD Time Limit

When computing the NOD time limit

 

·   exclude the first day of the specified period

·   include the last day of the specified period, and

·   if the time limit expires on a Saturday, Sunday, or legal holiday, include the next workday in the computation.

 

If the postmark date is

 

·   prior to the expiration of the NOD period

-  consider the NOD timely filed, and

-  retain the postmarked envelope, or

·   not of record, presume the postmark date to be five days prior to the date VA received the NOD, excluding Saturday, Sundays, and legal holidays.

 

c.  Informing the Appellant of an NOD That Was Not Timely Filed

If an appellant files an NOD past the time limit

 

·   inform the appellant via letter, and

·   send VA Form 4107, Your Rights to Appeal Our Decision, with the letter.

 

The issue that an NOD was not timely filed is, itself, appealable to the Board of Veterans’ Appeals (BVA).  See M21-1MR, Part I, 5.B.5.d.

 

d.  Handling a Time Limit Extension Request

An appellant may request an extension of the time limit for filing an NOD.

 

In this situation, the time limit may be extended if the appellant shows good cause.  38 C.F.R § 3.109 provides that a request to extend the time limit may be made either before or after the expiration of the NOD period, although this regulation does not define good cause.

 

An appellant may appeal a denial of a request for a time limit extension to BVA.

(M21-1MR, Part ii, Chapter 5, Section B)

Edited by Berta
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Great Info here Ms berta

Thanks for sharing

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

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Ms. Berta, thank you so much for sharing that info, after calculating the deadline, from the initial decision 3/19/15. Today 3/18/2016 is the last day of the one year appellate deadline. So I'm good.

I faxed my NOD and evidence on 3/16/16.

Just in case I also mailed it in certified to Evidence Intake yesterday postmarked 3/17/16...they should receive it today.

I knew it would be close, but I thank God I was able to get it done before the deadline. 

I thought I had it in the bag for a reconsideration and was content to not file a NOD if they would have granted service connection just for the cervical issues and left arm radiculopathy.... which prob would have put me at 80%.

Lesson learned. I'm considering hiring a lawyer. Thanks again Ma'am and God bless you for all you do for everyone here.

 

 

 

 

  

 

Edited by All-American Airman
edited wording on deadline sentence.
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