Filed Barebones Nod

[nlualum82]

I was getting pretty close to the deadline when I filed my first NOD.

As per instructions from my VSO, I just dashed of a simple statement for him to fax - "I disagree with your denial for chronic otitis", included the reference # and date from the VARO statement.

It's been almost a month now and I'm wondering if the next step is mine or if I'll receive something in the mail.

Will they send out a form for me to give details or are they scheduling a C & P?

Gary

[Philip Rogers]

I would file an adendum to your NOD stating what you disagree with. If you wait it could just cause more delays. jmo

pr

I was getting pretty close to the deadline when I filed my first NOD.

As per instructions from my VSO, I just dashed of a simple statement for him to fax - "I disagree with your denial for chronic otitis", included the reference # and date from the VARO statement.

It's been almost a month now and I'm wondering if the next step is mine or if I'll receive something in the mail.

Will they send out a form for me to give details or are they scheduling a C & P?

Gary

[john999]

You might include that you intend to appeal and be more specific ,but a generic NOD has some advantages since you are saying you disagree with everything about your decision. You probably want everything on the table. You might include that you want a De Novo Review. That just means you get another set of eyes looking at the decision.

[Cavman]

I would sit down and take my time in writing a very detailed letter as to why I think the rating was wrong. I didn`t hear anything on my NOD for 2 months. And then they just acknowleged receiving my NOD. I did get a form a couple weeks later asking how I wanted my appeal decided.

Cavman

[Berta]

Gary- did they send you a VCAA letter telling you what they specifically want?

You got good advise here and can always file an addendum-

A NOD should be specific as to what you disagree with. I read somewhere that whatever a vet does not disagree with is considered accepted by the VA.

What I mean is- if the decision denies let say tinnitus and also denies a claim for a higher PTSD rating- then if the vet just says they disagree with the PTSD decision - they have just about lost the appeal on the tinnitus and would have to re-open that specific part of the claim.

A NOD does not have to be elaborate but I believe it should be specific as to what you disagree with and why.

It should state you fully intend to continue the appeal until the benefits you seek are granted.

If you have ay evidence they did not consider you can bring this up and even attach this evidence to the NOD.

The VBM suggest not to wait for the VA to ask you if you want a DRO review but to put into the NOD that you are requesting one-as John said-

This is suggested because these NODs and appeals are taking so much time to be resolved by VAROs.

The Buffalo VARO is handling NODs that are over a year old.

You probably got the 38 CFR regs on otitus ratings with your decision. You could refer to or attach the specific medical evidence that shows you should be rated and how they should rate you -based on the evidence.

Edited December 5, 2006 by Berta