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need to fix a claim

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GatorNavy

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I goofed. There was a decision dated 27 April 2016 that had multiple contentions that should have went into the NOD.  The NOD did not contain the core issues, thus the SOC read like a mongolian road map. The decision did not list critical, positive evidence which were two C&P exams dated 4 April 2015. Each exam suggested "Total" disability on two distinctly different anatomical body systems. I am vascillating between this world and the next. So Ol' unca Joe is movin kinna slow at the junction. SMC-S should have been in the NOD as well. I put all of these contentions (which should have been on appeal) on a 256ez instead of a NOD. Can I still put in another NOD listing these additional contentions? How do I withdraw the 256 claim? All but one contention on the 256ez need to go on the NOD. Thanks in advance...

 

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On 12/11/2016 at 0:57 PM, Berta said:

You have until April 2017, to add an addendum to the NOD......it might not work ( I would try it however)but it seems to me they missed probative evidence, that a CUE claim might get a faster resolve on.

"The decision did not list critical, positive evidence which were two C&P exams dated 4 April 2015. Each exam suggested "Total" disability on two distinctly different anatomical body systems."

The decision might contain a CUE regarding SMC.

Can you scan and attach here the actual decision and the evidence list they used? Cover C file # ,name etc prior to scanning it.

Buck is right SMC is mandated by law when the evidence warrants it.

I won a CUE on SMC. The veteran (my husband had 100% P & T for PTSD and additional 1151 disabilities totalling 100%)and the VA never inferred SMC. So I filed CUE.

I filed it as a Lack of consideration of the SMC Mandate,in spite of evidence in VA's possession, to the deceased veteran's detriment.It was an accrued retroactive award.

We need to see the rating sheet as well.....if they even enclosed one...

Then again you said they missed the 2 C & P exams from 2015 .....do you have copies of those exams?

to add contentions to a NOD all I should have to do is put in another NOD form listing the contentions that were missed. The VARO will look in VACOLS to see if the contentions are duplictaes, if not, the contentions will be added. A DRO review is supposed to be "De Novo" but apparently in this case it wasn't or these issues wouldn't have been (or shouldn't have) overlooked. Now comes the hard part: the argument.....

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