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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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rootbeer22

Need Advice--Can a Vet file a New Claim While an NOD is submitted

Question

Vets:

I submitted and am processing an NOD for my first claim. Also, can I file a new claim for a new contention while I have an NOD Pending or does everything stop while the NOD is being processed for the DRO that I asked for ?  I know that the DRO review is going to take one to two years? Also. If I file multiple NODs, for multiple claims will the VA consolidate the NODs into one single NOD?

Thanks in Advance, Rootbeer22

Edited by rootbeer22
Typo

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Short answer is yes and they should combine all NOD's into one. This can give you a second RO shot at your claim. You need to ask for a formal hearing on your NOD's. This hearing should be by  a different DRO then the one that did a DRO hearing. Most lawyers like to keep the claim at the RO as this give you more bite's at the claim. At any DRO hearing, ask for an informal hearing and ask for all pending issues to be combined.

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They combine recently filed claims into one but NODs are a different story.

Based strictly on my personal experience, NOD requesting a DRO Hearing Filed early 2010, 11th hr of the 11th month, just a little procrastination.

At that point, I got serious about handling my own claims, no more relying on VSOs. Filed New Claims in 11, 12, another NOD DRO Filed for IU Denial end of 12. 1 New FDC filed end of 13, 1 FDC filed mid 14. DRO Hearing from 10 held 06/29/14. Opted for an "Informal Hearing," DRO not only awarded issues from 10 but said due to having the "Informal Hearing," he was able to address my 12 IU NOD, Awarded that also. The DRO said the IU NOD was not on deck to be heard, had I gone with the Official Hearing format, Recorded & Transcribed, I would have had to wait for another DRO Hearing date.

The other pending FDC's were Awarded separately, end of 14, mid 15 and mid 12/15. Some might say, filing the additional claims caused the  4.25 yr wait for the DRO Hearing. As far as I'm concerned, going from 10% with DRO pending 2010, to 90% with "IU Inferred," as of 2011, was direct result of my filing New Claims immediately as New DX's presented.

In the VA Claims Appeals scheme of things, 4 years is kind of "Middle of the Road" as to wait time.

Semper Fi

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Gastone:

 

thanks so so much for the reply..I'm trying to figure out all of this stuff out on my way from 90 to 100%. I worked hard to get to 90% within a short period of time. I was low-balled and not service connected on several issues. But, I think the NOD could get me there. That said, I've been encourage to file for my hypogonadism which is on the extreme side and based upon the explosion that I was involved with. I think my doctor is going to sign off on the DBQ? I recently found a Hadith.com post in which a Vet was granted a high percentage for it. There's a lot of new medical science on the effects of the brain and pituitary gland for soldiers involved with traumatic explosions. So, I believe that that contention could clearly put me over the top but I have the NOD pending now. I was recently service connected for TBI but the doc did not add in the hypogonadism along with that. I guess, I could either add it to the NOD or have a fresh claim just for the hypogonadism. So, I'm trying to figure out the best strategy for this. I think a new claim for hypogonadism would move much faster than the NOD based upon the current timelines?

Godspeed Rootbeer22

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