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NOD date BS

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USMC_VET

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USMC_VET Experienced

USMC_VET

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so now that the appeal site is up, i am seeing what the VA has down for me on my appeal.

As you can see in the screenshot they are listing 1/13/15 as the decision date and 7/10/15 as my NOD date.  This is a flat out lie and they should know that

in the decision for my claim they gave me 0% for headaches AND a kicker of a proposal to reduce for PTSD (which ive talked about at length in other threads).  I won that fight when they said they would end the proposal and I in turn ended my request for a DRO hearing and new C&P.  I realized right after that they might take that as me bowing out of BOTH appeals so i sent a NOD stating to this fact, that i wanted it to be known that this was not the case and that i wanted my original NOD to stand (and my dro hearing not take place in  a state i havenet lived in for 2 years and 2 moves ago....).  I have attached that NOD.  however as you can see they did not list the original NOD date of February 2015 but of July, so their records still look good since it seems like ive only been waiting 2 months for this appeal when in fact it has been 7 months...I have attached my NOD from July, I didnt think i was being nuanced or unclear about that.  But I guess i should have sent this in as a statement in support of claim and not a NOD since they could technically do what they did.... 

 

What say you all?  Can i just IRIS message and send in a statement in support of claim requesting the correct NOD date?

 

 

Note- I will add the chronology of events so to give you a better idea of what happened

 

1/13/15 - received decision and proposal to reduce.

2/18/15 (approximate date) - sent in NOD with new IME and DBQ.  Requested DRO hearing and new C&P exam for PTSD (proposal to reduce) and for migraines (0%).

6/3/15 - Received Letter notifying me of my DRO hearing on 6/5/15...In Alaska (i havent lived there in 2 years, live in midwest now). 

6/4/15 - called VARO,Sent IRIS message, Fax and USPS Certified/return receipt letter stating i no longer live in Alaska and cannot travel 2000 miles in the next 24 hours and that i wished for my hearing to take place in the state where live and also got all my C&P exams in....

6/27/15 - Was called by VSo that the VA wished to drop their proposal to reduce if i would drop my request for a DRO hearing and C&P exam, i said yes.

7/2/15 - sent in NOD ( 3288 Signed HADIT UPLOAD REDACTED.pdf) that stated i wanted them to know i was dropping my DRO hearing for PTSD and not the migraines.  

Has been stuck in that mode ever since.

appeal_screen.thumb.png.2ae6cb0cbcde9251

3288 Signed HADIT UPLOAD REDACTED.pdf

70% - PTSD

->50% - OSA (Secondary to PTSD)

30% - Bilateral Pes Planus w/Plantar Fasciitis

30% - Migraines

10% - Tinnitus

20% - Back

0% - bilateral shin splints

 

 

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