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Additional Evidence After Initial Decision

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glarus

Question

I obtained an IMO after receiving VA's decision on my claim. I got the IMO because I had issues in service, have them now, but "no nexus" (not their words, of course,) so the claims were denied. I have not yet filed a NOD. VA form 4107 ("Your Rights to Appeal Our Decision") says

  • You can send us more evidence to support a claim whether or not you choose to appeal. NOTE: Please direct all new evidence to the address included on our decision notice letter. You should not send evidence directly to the Board at this time. You should only send evidence to the Board if you decide to complete an appeal and, then, you should only send evidence to the Board after you receive written notice from the Board that they received your appeal. If you have more evidence to support a claim, it is in your best interest to give us that evidence as soon as you can. We will consider your evidence and let you know whether it changes our decision. 

OK, so obviously I would have been well-served to have obtained the IMO before submitting the claim, because now I have a mostly unfavorable decision. A solid, fully-developed claim from the get-go is best, but my time machine is broken. Lesson learned. There is, however, one important thing that came out of the decision: I was granted one service-connected condition, and the IMO uses that one to support the ones which were denied.

1. What exactly is VA saying in form 4107? Should I submit the IMO to the RO before a NOD, just to see what happens? I don't have much time (about two months) left to file a NOD, and it will be timely, no matter what else happens. Is submitting additional evidence in this period between their decision and my appeal even a possibility? Will they add it to the body of evidence they have, and see if it changes their decision (as form 4107 suggests?) Or should I just file the NOD, and include the IMO?  I want to ensure that whatever I do, I don't lose my original filing date. That language from form 4107 sounds shady, since not filing a NOD and busting the one year limit forces you to reopen the claim, forfeiting your original filing date. Or is the NOD not really the "appeal," just a notice of intent to do something because you disagree with their decision? (Sorry for the multiple questions, this is really just one question: given the fact that I now have an IMO, what do I do right now, for the fastest, least bureaucratic decision? :smile:)

2. If I file the NOD, I'd like a DRO review, since I believe the IMO will change the outcome of a de novo review. I see nothing on VA's site or forms about how to request DRO review when you're using their now-required form (21-0958.) Do I just attach a memo?

Thanks for your insights!

Edited by glarus
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glarus

Please post  the reasons and basis of your denial? black out your name and SS.#

According to the letter they sent you, I would send the IMO & Explanation as why you feel you should be given this grant (refer to your IMO and site CFR'S that pertain to it.)

ASAP to the RO with return receipt , you have a year to appeal a NOD from your initial denial..but if you just have 2 months left the submit a NOD  ASAP request DRO Hearing at your RO and submit any new evidence you have that supports your claim  like your IMO.

be sure make copies of everything  keep in safe dry place.

 

............jmo

 

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

Edited by Buck52
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