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Submitting NOD/New Material Evidence


Zoomie

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Good morning. I am submitting my NOD this week for denied contentions (denied April 14th) that fall under the CFR as presumptive conditions that were denied (cancer, kidney stones and arthritis).

The reason for denial was "there is no evidence that the condition occurred in service or during the presumptive period after service". I had received a letter in September ( I believe it was for a 5103 response) stating the documents we have received and in the listed documents was "DD 214 dated 15 January 2015". So I figured I was covered under the presumptives and that they got it from the ARPC.Well they did not. In fact when I separated from active duty, even though I completed the DD 214 worksheet and submitted it and it was never done.

The ARPC will have the new DD 214 completed tomorrow. I am submitting the DD 214 with my NOD as new evidence and for the contentions and I am attaching a letter explaining why I am appealing the decision referencing the DD 214 shows that these conditions are covered under the presumptive guidelines in the CFR.

 

I am also going to request a DRO review (de novo?). Am I on the right track with this NOD? Also I am not in favor of a reconsideration due to the fact that there is a high probability of losing my EED.

Thank you all for your help.

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Sounds like a good plan to me!

Good Luck

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

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Thank you. I will post developments on this just in case any member ends up in a NOD situation like mine.

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Good plan, Zoomie, I wish you the best of luck on your claims!

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Do you mean that the DD 214 was changed by DOD to a DD 215?

Because your discharge date was wrong?

here is the list of Chronic Presumptives:

https://www.law.cornell.edu/cfr/text/38/3.309#a

There has to be a ratable value of at least 10% during the first year after service discharge.

There is more to the regs than above 3.309A, it is all in 38 CFR 3.309.

You mentioned NG and also active duty. Is it possible they looked at only one type of your service to deny?

 

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