NOD Question concerning new evidence submit timing

[Wayne TX]

I was wondering if a NOD claim goes back to the same rater who denied the initial claim or does it go to a completely different Rater unknown to the initial Rater?   How does this actually work within the system when you file a NOD?  Do you file it with all the new evidence right then attached or is it best to wait on sending New Evidence until after Statement of Claim (SOC) is received to counter it better?  What is the SOC all about and any different than the decision denial reasons????? Working on it this weekend to file with Rep on Monday so would appreciate a quick reply. Thanks for any help out there.

Edited April 7, 2016 by Wayne TX

[Gastone]

With the NOD filing, your options are Traditional Appeal to the BVA or DRO "DE NOVO" Review or actual DRO Hearing. The original Rater's job and involvement in your claim is done, unless you try the VA Reconsideration route.

With the BVA Appeal, your C-File stays at your RO until the Rating Dept Sr Raters sign off on it and transfer it to the BVA. Any and all N & M Evidence that you have submitted post Denial Decision is supposed to be addressed and SSOC issued if the Raters couldn't Reverse the Denial, based on your New Evidence.

With the DRO, don't set on your Mandatory New & Material Evidence, a Review could get Administrative Denied for failure to supply the N & M Evidence mandated for the DRO Process.

I was successful with the DRO Hearing route in 2014, that would be my choice, if I had to do it again.

Semper Fi

[Buck52]

 Gastone has good information on the NOD Process & 

Here'is  some more information 

This is  from a VARO  DRO  From Milwaukee Wi  stating how the VA Appeal process works,

''Submission for- the- Record.''

''By Matthew -Middlemas''

Clink on the link  and scroll down a little bit.

Maybe this will help you understand the process a little better.

https://veterans.house.gov/submission-for-the-record/matthew-middlemas-0

 

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

 

Edited April 7, 2016 by Buck52

[broncovet]

It goes to someone different, Wayne.  This is done to help to prevent fraud.  The idea is if one rater fraudulently approved someone, and it went back to a differnent guy when he sought an increase, then he would be caught.   It apparently isnt working, tho, as there is rampant fraud at VA.  

I think its the same way with a BVA judge.  

[Prettypantha]

@Buck52 Just wanted to express how articulate that article was. Even though, the author kept emphasis on his personal experience/knowledge (it was still helpful), it was very informative and has a sense of understanding the process a little better! Thanks for the share!

[Buck52]

31 minutes ago, Prettypantha said:

@Buck52 Just wanted to express how articulate that article was. Even though, the author kept emphasis on his personal experience/knowledge (it was still helpful), it was very informative and has a sense of understanding the process a little better! Thanks for the share!

your welcome!

[jfrei]

I personally waited for my DRO hearing to be finished and as she was writing my decision a few weeks later on the same day I entered in my new evidence so I wouldn't have to wait on the RO to reevaluate my claim to get the ball rolling towards my appeal. I have had an appeal which was certified at the board 20 days after my DRO decision because she felt my new evidence would be better shown to the board and not at the RO. My appeal just hit the 100 day mark and has an advance on the docket by listening to others about emailing Ted Ebert who he personally submitted my motion to advance by email. It is currently assigned and with a VLJ so I don't know whether that is a good thing or a bad thing I know I'm not rushing a judge to render a quick decision with out weighing in all my evidence. I have no experience with submitting evidence to the board and have no idea how long it takes just giving you this is my experience that has worked and I am relating the message

Edited April 9, 2016 by jfrei