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rootbeer22

NOD Advice - All Evidence Up front?

Question

Vets:

 

When you file for your NOD with appearance before a hearing, do you have to provide all evidence up front with the NOD at first , or can you wait for the hearing?

 

Rootbeer22

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Rootbeer22.......I was about to ask that very exact same question.........now two of us would appreciate the same information.

I got a letter dated June 3rd from Dept. of Veteran Affairs saying they received my NOD's and my election for a DRO Hearing. I did not send any new evidence with the form.  What is not clear is what happens now?  The letter only said the DRO will now review VA Claims folder, but I have some new evidence that is not even in my Claims folder?   So, how can he/she evaluate my decision if the DRO does not have it!   Is another Letter suppose to be coming now to render the new evidence, or am I just suppose to wait for a  SOC to arrive ????.  And if that is the case, how long does it generally take to get that Letter?

Wayne TX. 

Edited by Wayne TX

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1 hour ago, rootbeer22 said:

Vets:

When you file for your NOD with appearance before a hearing, do you have to provide all evidence up front with the NOD at first , or can you wait for the hearing?

Rootbeer22

I have filed NODs and attended in-person hearings with both the BVA and a DRO, but keep in mind that the BVA and DRO work at different speeds.

My BVA experience was at the hands of a local VSO who knew much more than I did back when I barely knew anything about the BVA in the 1990's. He filled out the Form 9, I signed it, then I went in front of the board and simply pleaded my case. I won about half of my claims in the end, but if I had known then what I knew now, I would have had better results.

I went in front of the VARO DRO a few years ago after filing a NOD with a request for an in-person meeting with them. I filed the NOD right away to protect my effective date and also stated I would provide more evidence. I made sure all relevant evidence in my favor which I had at the time was submitted. It took a while before my DRO meeting happened and I accumulated more evidence, buddy letters, and nexus/IMO letters from various physicians (specialists). I submitted those as I obtained them. When it came time for my DRO review, I had my evidence organized by disability into separate folders and subdivided into sections where I submitted each set of new evidence along with proof showing they received it. Because some of the medical evidence was from non-VA physicians, to save time, I also included release of information documents (otherwise the VA would mail them to me and it would cause more delays). I talked with the DRO. Showed them evidence for each disability, how I met the rating criteria, the nexus/IMO letters, etc... We compared my evidence vs. what the VA had and I left them with copies of what the VA didn't have. I practiced this in advance, too, to limit the focus to what was important and had a list of questions for the DRO about each. It was a very productive meeting and I had good results, but all DRO's are not created equally.

You heard the old saying, "chance favors the prepared mind", but I wanted to take "chance" out of it.

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Are you saying it took you 2 years to get a DRO Hearing from the time you filed a NOD? 

My question is.....if the evidence clearly meets the criteria for a higher disability rating does it still take 2 years.  If the DRO sees that has happened can't he/she award it much sooner, or do they just wait until the DRO Hearing to make his/her final decision.........therefore I assume at that point no DRO Hearing would be needed for that disability claim? 

 

Edited by Wayne TX

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Wayne TX:


Frankly, I did a pretty good job with my original claim but am having a really tough time concentrating right now? I think my TBI affects are increasing which is affecting my ability to get some simple things done now. There is a NOD forum here at hadit.com so we probably need to just read thru it to get the information that we need. I'm kicking myself now because my wife really fought me about get the IME/IMOs done and I gave in to her? She has no idea of the work that went into getting my original claim completed and submitted and takes a lot of this for granted. My memory issues are really frustrating me right now

So, we just need to study this more....Rootbeer22

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My Advise is ....anytime you get granted  a DRO Hearing bring all the evidence you have and also this is your chance to show the DRO your disability in person and talk with him/her face to face.

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