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700 + days and waiting on NOD

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Navyguy2013

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I have a question on the best path forward for a NOD I filed over 700 days ago.

I filed the NOD in response to several disability claims that were denied for failure to show up for my C&P exams. I never received notification of any exams so, I did not show up. I filed a NOD contesting the above information within the required time-frame.

Ebenifits shows no change in the last 700+ days on my NOD. My calls to the VA's 1800# have yielded no results, they say they have no estimated time-frame for completion, and no updates on the NOD's progression. Just stand by to standby is the response from the VA. NOTE: I did get notification for C&P exams for my disability exams associated with my NOD in JAN2017, I did go to these exams.

So it appears that something is happening with my NOD, but Ebenifits and the VA 1800# show no changes in the last 700+ days. (I just got off the phone with the VA again this morning)

What should I do, stand by, if so for how long? Or should I contact someone, if so who, and what method of communication should I use?

I thank everyone for all of the help you provide to all of us, hopefully, one of these days I can provide assistance to people on this site, so far I am just stumbling around the VA process.

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This is just wrong, 700 plus days. I realize you have called, but what about IRIS email?  Please keep record of all phone calls and the response.It only took me 10+ years to get my claims settled. Good luck. I would not use VSO, useless in my opinion.

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  • HadIt.com Elder

Did you have your C&P at the VAC?

If yes you can check on e benefits myhealtevet notes  and Read the C&P Report  or check att he VBA Office  request your C&P EXAM REPORT  you had on such and such date.

''NOTE: I did get notification for C&P exams for my disability exams associated with my NOD in JAN2017, I did go to these exams.''

but you never got a notice for these C&P Exams until now?after 3 years?

I am assuming you filed your NOD within the one year Appeal limit?

I would contact Sec of VA and tell him just what you mention here.

you should have got a letter from the VA letting you know they have recieved your NOD and is processing it at this time and you will be notified as what options you have.

this sounds like it can definitely   be a  CUE : in many ways shapes and forms  if you were never notified they recieved your NOD?

Edited by Buck52
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  • HadIt.com Elder

Once you file your NOD, you have several rights: you can submit new evidence, ask for a de novo review where a decision review officer (DRO) takes a “fresh look” at the claim, reviewing the entire claims file and/or ask to testify and present evidence at a telephone or in-person hearing.  VA encourages Veterans who choose to have a hearing to opt for an informal teleconference hearing, since these can be scheduled much faster.  Many appeals are favorably resolved at these early stages.  Make sure you file your NOD on time: your right to appeal ends a year from the date of VA’s decision.

When you file your NOD, you have a choice: either select a traditional review or a de novo review by a DRO.  You can make this choice right on your NOD when you start your appeal. If you don’t make a decision, VA will mail you a notice of this right, and you’ll have 60 days to respond, so answer right away.

If you are dissatisfied with the decision on your claim, file your appeal right away

When you file your NOD, submit any new evidence you have; waiting until later on in the process can delay your appeal

Also, when you file your NOD, state if you want a DRO review or a traditional review – this will also save you time on your appeal

 

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Buck52,

My NOD did post on Ebenifits, but it has not changed in the last 700+ days.

With the above clarification, do you still think contacting the new VA secretary would help?

Vern2,

IRIS email has not provided any better updates on my NOD.

 

A side note, I originally filed my 12 disability claims back when I was still active duty, or 1 day after I retired from active duty. This was back on 03/01/2013. So my disability claims have been in limbo for 1463 days.

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  • HadIt.com Elder

Yes contact the Sec of VA office...ASAP

He will get someone in his office to either call or send email to the RO. AND ASK THEM WHATS THE PROBLEM  OR GET THIS STRAIGHTEN OUT ASAP  ect,,ect,,  or he should.  When RO gets word from the big boys  they usually start moving!

Also since you filed all 12 claims the day you got out ...that will help you get a EED ( Early effective Date) Be sure and keep all your records as proof when you first filed 03-01-2013

since YOUR CLAIMS HAVE BE UNDER CONTINUOUS PROSECUTION & so long going and you never heard from the VA about anything  even on e benefits  or just a dab or two  and you have not recieved any official letters from your RO  or in e benefits

I'd sure think about finding me a good experience Veteran Attorney  ASAP.

Edited by Buck52
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1 hour ago, Buck52 said:

Yes contact the Sec of VA office...ASAP

Also since you filed all 12 claims the day you got out ...that will help you get a EED ( Early effective Date) Be sure and keep all your records as proof when you first filed 03-01-2013

since YOUR CLAIMS HAVE BE UNDER CONTINUOUS PROSECUTION & so long going and you never heard from the VA about anything  even on e benefits  or just a dab or two  and you have not recieved any official letters from your RO  or in e benefits

I'd sure think about finding me a good experience Veteran Attorney  ASAP.

Buck.

The VA just told me minutes ago David Shulkin does not have an email address, lol. I am pretty dure it is David.Shulkin@va.gov, but my letter did not go through, it looks like. There was no Daemon Mailer response, so I think it did, but I don't look for anyone to respond. I just through that out there for those that get the same action that I did.

Thanks. Victor Ray

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