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NOD Question concerning new evidence submit timing

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Wayne TX

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Wayne TX Community Regular

Wayne TX

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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.

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Buck52
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, ''Submissio

Gastone
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

broncovet
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, t

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jfrei Grand Master

jfrei

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Since now Ted Ebert has been promoted to somewhere not doing the correct a claim anymore but I have posted before in a post the number To the Office of Communication and Case Management, Department of Veterans Affairs, Washington DC who does help and has helped my claim.202) 273-5674

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jfrei Grand Master

jfrei

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I'm sorry I don't know where he had been put all he said is he wasn't in the same position anymore and put somewhere else in in his email but to go to case management if I still needed help.

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Navy4life Mentor

Navy4life

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When I filed my NOD in 2014 I was with the Roanoke RO office.  Let me also state that when I filed my NOD I specifically asked for a DRO hearing so that I would be able to discuss my NOD in person.  My NOD sat dormant until February 2016 when I had my DRO review hearing in Waco, TX.  I had moved to Texas while my NOD was pending.  I submitted N&M evidence to my DAV rep for my upcoming DRO hearing.  At the hearing I chose "informal" hearing but you have the choice to go formal if you so choose to do so.

I received a lot of sound advice from this forum and I read this link too:

http://www.disabilitysecrets.com/resources/disability/veterans-disability/dealing-a-dro-veterans-disability

Be sure to prepare for the hearing by ensuring you have all your documents in order.  I created a binder, one for me, and one for the hearing officer.  This was a great method b/c during the hearing I was able to communicate with the DRO hearing officer page by page, tab by tab as to what I was trying to get across to him.

I have been waiting now for almost 2 months for the decision.  I was told by others here it's a "hit/miss" you just never know when you are going to get the decision.  I feel my case was thoroughly argued before the DRO hearing officer and I feel confident I will get some type of good news.  I am optimistic.  My decision pending date is 9/28/16 so we will see.

Just make sure you request the DRO hearing in your NOD.  You don't have to go into detail on the NOD, at least that is my opinion.  Others might disagree but I feel your hearing is where you have the greatest opportunity to discuss and show the DRO hearing officer your stance.  Make sure any N&M evidence is presented to the DRO hearing officer either prior or at the hearing.  Make the binder in chronological order and easy to guide the DRO hearing officer through it.  If you have a rep, get with them prior to the hearing.

Be prepared to wait for about 2 years for a hearing.  Might be sooner might be longer BUT as long as you have requested the DRO review hearing in your NOD they have to afford you a hearing!

Good luck!

US Navy Desert Storm Veteran
Proudly served my Country!!! :biggrin:

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Gastone Grand Master

Gastone

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And, always keep in mind, the VA Reg regarding Receipt of New & Material Evidence related to a pending appeal, DRO or BVA. The reciept of which, is supposed to trigger an "Automatic Review" of the N & M Evidence by a Sr Rater or actual DRO. If they are unable to award your claim, based on the "Review," a SSOC (Supplemental Statement of Case) is mailed to you, continuing your Denial and Appeal.

There is always the slim chance, your N & M Evidence is so compelling, an award by either the Sr Rater or DRO will be made. At the very least, you'll know if the Sr Rater or DRO, agreed with how strong you thought your evidence was.

Think about filing an Official Request for an "Informal DRO Evidence Conference."

Semper Fi

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