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mcarter985

Will appeal have VA look at other disabilities

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mcarter985    10

Good morning...I recently was rated at 50% for PTSD (was a medic in VN).  I believe it should have been 70% so my question is if I submit a NOD will the VA look at my other disabilities (rated 80% overall) or just the PTSD claim?  Thanks in advance!

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jfrei    130

Just what the NOD is describing to my knowledge is what they will look at.

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Gastone    1,554

According to the DRO that handled my 06/14 hearing, they can only address the issues specifically disagreed with, on your NOD that is scheduled for that days Hearing.. With that said, I opted for an Informal DRO Hearing just before we started the Official Hearing, which would have been Recorded & Transcribed. With Informal, the DRO and I just sat there discussing my NOD'd issues from the 2010 NOD. After we had completed the 2010 NOD discussion, he said that because I decided to do the "Informal Hearing" he was going to address my 2012 IU NOD. All issues awarded including IU. Worked very well for me. When I left the Hearing Room, the only question remaining for the DRO to address was my Retro. Deposit hit my Bank mid 07/14 followed by the official Award Letter about 2 weeks later.

A good friend of mine recently had his 2012 IU DRO Hearing accompanied by his Attorney. After the usual introductions and discussion by the DRO regarding the Hearing being recorded & transcribed, the Attorney asked my friend a number of scripted questions. The DRO made very few comments and asked no questions. After the Attorney's questioning of my friend, the DRO closed the Hearing after she advised the Vet & Attorney that they had 60 days to send in any additional N&M Evidence to support the NOD. Been about 21/2 months, hasn't received anything from RO.

 

Semper Fi

 

 

 

 

 

 

 

 

 

 

 

 

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Chuck75    499

According to the DRO that handled my 06/14 hearing, they can only address the issues specifically disagreed with, on your NOD that is scheduled for that days Hearing.. With that said, I opted for an Informal DRO Hearing just before we started the Official Hearing, which would have been Recorded & Transcribed. With Informal, the DRO and I just sat there discussing my NOD'd issues from the 2010 NOD. After we had completed the 2010 NOD discussion, he said that because I decided to do the "Informal Hearing" he was going to address my 2012 IU NOD. All issues awarded including IU. Worked very well for me. When I left the Hearing Room, the only question remaining for the DRO to address was my Retro. Deposit hit my Bank mid 07/14 followed by the official Award Letter about 2 weeks later.

A good friend of mine recently had his 2012 IU DRO Hearing accompanied by his Attorney. After the usual introductions and discussion by the DRO regarding the Hearing being recorded & transcribed, the Attorney asked my friend a number of scripted questions. The DRO made very few comments and asked no questions. After the Attorney's questioning of my friend, the DRO closed the Hearing after she advised the Vet & Attorney that they had 60 days to send in any additional N&M Evidence to support the NOD. Been about 21/2 months, hasn't received anything from RO.

 

Semper Fi

 

 

 

 

 

 

 

 

 

 

 

 

The rules are a bit different when an attorney is involved. The VA feels that it's "duty to assist" is no longer involved. It is true that the VA has the option of addressing what looks like a "mistake" in an earlier decision, if it wishes to do so. The law and regs have some constraints that make it a little more difficult to reduce than award when this occurs.

 

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broncovet    3,175

The Board of Veterans appeals does not have jurisdiction until/unless the Veteran, or his representative, files a NOD.   The board can not adjuticate issues unless the Veteran expressly gives the Board the authority to do so.  If you elect a DRO, then, yes, the Division review officer can "look" at other issues.  

Further, the finality of decisions applies to VA and not just Veterans.  The VA can not revise decisions absent Clear Unmistakable Error, and the burden is on VA to prove the Veteran does not deserve his benefits.  

However, if you look at the reduction/severance criteria, nowhere does it say anything close to "when the veteran seeks an increase, this is grounds for a reduction".  

The VA has specific criteria to meet to reduce you or severe your Service connection or any reduction can be vioded by the court.  

Edited by broncovet
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