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rootbeer22

NOD Submission-- Correct Date Help

Question

Vets:

This should be a quick answer for someone whom has gone thru the NOD Process. Anyway, I'm working on my first NOD and am confused about some dates that I should be using. Anyway, I received my first claim and there are two dates on the paperwork. One date is the cover later of June 16, 2015 which announces the results. The second letter which is still contained is the same package is the "decision letter" that has the actual decisions. Anyway,  Do I use the cover letter or the decision as the key/critical date for the NOD. Because if the decision letter is the one I should using, my one year has already passed? But if the cover letter is the date then I'm still good? This was a rookie mistake fore me.

The only real loss is there are a couple  of  contentions that I probably could have gotten and up grade to?

 

Thanks in advance for your advice...Rootbeer22

 

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Use the date favorable to you.  Make the VA whine about that.  It should work.  Go for it.  

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If the date on Ebennies next to your denial contentions is past the one year you have no leg to stand on for the one year appeal.

Go look at the date in Ebennies and the date of the decision letter is what is used.

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Navy4Life:

I spoke to an attorney today that handles VA claims and he said that based upon what I submitted to him, that I've got one more week to submit the NOD. What's interesting is I received most of what I asked for originally which was great. However, there's one contention to do with my eyes that's just crazy in terms of the outcome. I was involved in traumatic explosion that was recognized and service connected by the VA and was just approved for TBI. The blast hit the right side of my body including my head, face and especially my right eye. Then around 9 years later, I was in Kuwait and they had a basketball game for APFT.  During the game. someone passed the basketball very hard, I turned and it hit me hard in my same right eye and I went to the on base clinic and there's a record. Anyway, during the CP eye exam for the claim, the doctor said, "your eyes can't be hurt by a basketball" --it's just too round and not hard enough in his opinion? He said if it were a baseball then that's a different story. He also totally discounted the 'explosion'  and that it had affected me? But this was another case, where the CP doctor had reached a conclusion before he looked at the paperwork.  But from my research, there are a lot of blunt eye injuries that occur as a result of basketballs that happen every year and I'm still abled to make that case.

 

Thanks for your comments, Rootbeer22

 

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Glad you spoke to an attorney.  Did you file the NOD in time I'm assuming?

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Navy4Life

 

It's going in next Tuesday and I'll make it. I realized that my biggest contentions that were denied were actually adjudicated another 4 months later and I have a bigger window for that second part of my claim. So, I do have more time to get the IMO/IME exams like I wanted to do in the first place. My wife and I have  had several arguments about spending the money for the exams and travel costs. Overall, she does not understand the system nor appreciate the countless hours I put into the first claim to get the results that I have but like I said to her, if it results in 100%, it will more than pay the costs and is a good investment.  Besides, I've told her that the facts of the IME/IMO can hold a great deal of weight if it's done properly? Frankly,  I still don't have my C-file after 11 Months and think I found a way to get it expedited now-and that will help? I used to be a Federal FOIA Officer and learned a few things from that job that may help? That said, I've always tried to make the system work and don't like to go directly to the top to get results-if I can avoid it. Because, it's a one shot deal and if you aggravate someone in the system, it can become counterproductive for one's claim over the long term? Besides, I think my other big challenges is that more than 50% of my smrs are handwritten and an issue that they hold a lot of my evidence for the denied or low-balled contentions. Frankly, although I'm told that the raters  look at every single piece of paper of the records, if they would have done so, I'd probably by at 100% now already?  From my research and anecdotal evidence from other Vets, it's clear that they do not get the same attention and typed records and text? In a way it's almost understandable and I have read that the VBA is still getting familiar with their use of VBMS -their new digital records system? Plus they are probably still swamped trying to get the backlog down? 

My main hindrance now is that my memory, concentration and focus are all pretty bad right now and it's frustrating for me to try to pull everything together for the first NOD? Recently,  I was low-balled TBI at 10% (but at least I get it SC)  and the doctor kept saying, "why are you working right now with these conditions"? I had feeling that if I were not working that the rating would have been higher? Frankly, if I had the money to retire right now,  I would, but at 55 now am not be able to at this point? When I was a kid, my family was very poor and that sticks in my memory.  So, when and if I can get to the 100% mark, I may be able to reassess  my work status at that time. 

Thanks Again and Godspeed to you and yours, Rootbeer22

Edited by rootbeer22
typos

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