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broncovet

Advice in FILING NOD.

Question

When you file your NOD:

1.  File it ON TIME.  That is, less than 365 days.  NEVER EVER FILE IT LATE.  Its a guaranteed denial.  If unsure, file your NOD early.  

2.  Have your decision with you, and refer to it.  Dont guess, and dont try to rememeber what it says.  

3.  File it on the applicable form, and send it certified mail, return recept requested.  https://www.va.gov/vaforms/form_detail.asp?FormNo=21-0958

4.  How to word your denial:

     a.  Dont use the word "cue" unless you intend to file a cue claim.  If you are filing a cue claim, remember that CUE is a "standard of review" that is higher than the Benefit of the doubt, or "regular" standard of review for Vets.  You may turn this into a cue claim and raise your standard of review.  

     b.  KISS.  Keep it simple stupid.  If your NOD is 30 pages, shorten it down to 2 pages.  If this means you have to be concise and to the point, then be concise and to the point.  If you write too much, remember anything you say can and will be held against you.  As they said, "Just the facts maam".    Dont go into how poor your care was at the VA  hospital, and how bad VA's wait time is etc. etc.  

     c.  Use this format to refute:  

     1.  Cite a sentence in the decison.  

     2.  Cite a doctors statment or regulation that refutes it.  

EXAMPLE:   While the August, 2, 2016 decision stated, "There was no evidence in the file to support a diagnosis of PTSD", Dr. P in an exam dated 11-15-2013 stated, "The Veteran suffers from PTSD".  

     c.  Notice, there are no "I think" or "I feel" in there.  They already know you think you should get benefits, so tell them "why".  

 

    

Edited by broncovet
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