Giving VA additional evidence

[ozboi]

So after reading my decision letter again, I came upon the back of VA Form 4107

It states.....

 

"GIVING VA ADDITIONAL EVIDENCE"

"You can send us more evidence to support a claim whether or not you choose to appeal"

"NOTE: Please direct all new evidence to the address included on our decision notice letter.
You should not send evidence directly to the Board at this time.
You should only send evidence to the Board if you decide to complete an appeal and, then,
you should only send evidence to the Board after you receive written notice from the Board
that they received you appeal".

"If you have more evidence to support a claim, it is in your best interest to give us that evidence as soon as you can.
We will consider your evidence and let you know wether it changes our decision............"

So has anyone went this way instead of filing for a NOD?

If so please share your experience.....

I have new evidence to turn in, and I want to know what is the best way possible to do that (and keep the original claim date) 

[Buck52]

It's only my opinion

I believe the NOD 21-0958 is the most important tool a veteran can have to help him win his claim's when denied denied for what ever reason. This form is the only way that you can initiate an appeal...

 

[Buck52]

Great Information above from Asknod!

all veterans  with claims pending should copy that or save it to have and re read it from time to time.

[Berta]

The " Reconsideration" criteria in M21-MR is within this link:

http://community.hadit.com/topic/65759-reconsideration/

I agree with Buck:

"

It's only my opinion

I believe the NOD 21-0958 is the most important tool a veteran can have to help him win his claim's when denied denied for what ever reason. This form is the only way that you can initiate an appeal..."

YES, it is the first avenue of attack but in spite of what a lawyer member here said years ago and also some DAV rep who used to be here, there IS such thing as a reconsider request but it does not stop the NOD clock.

It depends on what new stuff you have that would prompt them to reconsider.

Say you get a lousy C & P report and the VA low balls your rating..but by the time that all took to even get the rating a private specialist has treated you, and is willing to opine per the IMO/IME criteria, as to why the rating is too low.You ask them to reconsider based on the IMO/IME.

I did it in 1997.or maybe I should say a VA doctor did it for me....;..VA said my dead husband was not 100% SC P & T due to PTSD.(30% SC at death)

I went right over to see his VA shrink,who gave me reports of extensive testing he had done,which he said should have been in the medical records...and if they were...VA didnt know how to read them,...I also showed the shrink his SSDI letter solely for PTSD.

(VA had lied to me and two Senators and my Congressman saying the SSDI would not release his SSDI records. It was BS. I called SSA in Baltimore- the VA knew of them but had failed to request them even with the 21-22 form in my C file,signed by the veteran before he died.)

The shrink wrote them a letter as to the SSDI award letter and also sent them copies of all of his significant test results. I dont recall ever formally asking the VARO  to reconsider because within mere weeks they changed their decision to 100% SC P & T with a very favorable 1991 effective date and referred to the VA doctor's letter as evidence.

NODs. every time I have ever prepared a NOD I told them exactly why they were wrong, added CUE as well  in my daughter's VA EDU NOD), stated they exact regs they used incorrectly, as in their attempt to lower my husband's 30% in 1988) and stated any other regs, CAVC decisions, M21-1MR run downs, medical records, etc etc etc to prove they were wrong....

All that has worked for me since 1988.

In 1998 however my stupid former vet rep told me not to file a NOD on an award letter.

When I re opened my DIC claim to attain direct SC death instead of 1151 death) the 1998 decision still bothered me so I filed CUE on it, 4 CUEs maybe 5 ,I forget...won in 2012.

The NOD forces the VA to prepare a SOC and in a SOC they can put their foot in their mouth sometimes, and even change their decision as I experienced in 1988., when the NOD I sent to them reversed their absurd and illegal attempt to lower my husband's SC comp.I used the same regs they used to attempt to lower him from 30 to 10 and also plain old basic common sense.

 

 

 

 

Edited November 22, 2016 by Berta
I won the fifth CUE a few months ago

[Buck52]

NOD' starts the ball (claim rolling) there is a 12 month timely filing, if veteran files within this time, then there is no time limit in adjudications until a  DRO review, or 2) Traditional review.    

 even within  the 60 day or 120 day period to file at BVA  after filing the I9

you let the 21-0958 run out within 12 months unless you send in for an extension and get your 21-0958 more time to file evidence  or VA will close out the claim  then its final.

If  and a big'' If ''  The 21-0958 is the open door to ALL Appeals.

Edited November 22, 2016 by Buck52

[ozboi]

OMG, I totally forgot about this post!

Update

Thanks everyone for your help!

I submitted a VA-21-4138-ARE (by fax) for IBS rating reconsideration mid month

I checked ebeny tonight, and it says:

Pending Disabilities

Disability	Submitted	Type	Actions
Irritable Bowel Syndrome (as Due To Gulf War)	12/xx/2016	REP	View Pending Claim

when I click View pending claim, it says:

Status of Your Claim GATHERING OF EVIDENCE

Submitted: 12/19/2016 (Compensation)

Estimated Completion: 05/02/2017 - 08/07/2017

Disabilities Claimed: irritable bowel syndrome (as due to Gulf War) (Reopen)

Current Status: Gathering of Evidence

So it seems like my claim was reopened.....  I received my decision letter June 24, 2016, hopefully they can properly rate me before that date, if not do I then file a NOD?

Did I mess up by  VA-21-4138-ARE instead of a NOD?

Can I file for a NOD while this current claim is at this stage?

I wish I found this post sooner....SMDH

[Berta]

"So it seems like my claim was reopened.....  I received my decision letter June 24, 2016, hopefully they can properly rate me before that date, if not do I then file a NOD? "

Absolutely- Mark your calendar to make sure ,if not resolved within the first year after the decision,.that the NOD is filed in time.,,,,even if it appears that they are working on the re- open........

They can refuse to re-open a claim,and that happened to me,and that added years to my claim. I won it anyhow at the BVA level. I had 3 strong IMOs and considerable other probative evidence.

In 2003 when I re opened, I should have considered CUE on their first attempt to deny but I had never considered that route in those days.

I hope your New and Material evidence is strong and that it overcomes their rationale in their last decision.

I overcame their rationale ,in part, with a copy of a past BVA decision I had received.That appeal was rendered moot by BVA beause I had already won on a different theory of entitlement at the RO level and I did not know I could have withdrawn the appeal.

Glad I didnt. It contained a clue for a very unique legal premise.

My re -open was based on the legal premise.That very old BVA decision ,submitted as evidence, was part of my additional submissions of highly probative evidence....to include 3 IMOs.

Nothing is impossible.

 

 

 

 

 

 

 

 

Edited December 27, 2016 by Berta