NOD Review

[helman35]

I have a question. I received my   Denials for Service  Connected Disabilities in April 2015. I prepared my Notice of Disagreement  in April 2016. I was unaware about receiving help from a Organization like American Legion,, Disable American Veterans and et:. I was told I should see a Veteran Service Office with the Biloxi VA Medical Center. I went in with my NOD and he sent it up to the Regional Office in Jackson.  I requested a DRO Review. I check ed on Ebenefits today and still do not have a Date of Completion.  Is this normal? It will be 2 years in April and assumed I would at least see a date. I also called the Veteran Service Organization Disable American Veterans, because I read that the DRO at the Regional Office likes to speak to a Veteran Service Rep when discussing the case. They informed me that since I prepared my own Notice of Disagreement that they could not represent me. Is this the rule or  law, I was kind of blown away by this statement. I thought when I went to see Mr. Lee at the Biloxi VA Medical Center, I was being represented and I was changing representatives. Can someone help explain all this to me. Should I see a date? 4/27/2016 Appeal Pending - Notice of Disagreement VA has received your Notice of Disagreement. You will be receiving a communication from VA in the near future describing the next steps of your appeal. Date not availabl

[Buck52]

You did file your NOD within 1 year of your denial date  correct?

Submitting the Notice of Disagreement

To file the NOD, submit the VA-Form 21-0958, Notice of Disagreement that was included with your claim decision. This is your chance to tell VA how you feel the decision is wrong. If you don’t feel confident enough to do this on your own, your VSO can help you.

The NOD form contains blocks for each issue of contention (the medical conditions for which you filed the claim), for example, knee condition or kidney stones. Only list the conditions on the NOD where you disagree with the rating. For example, if you were rated for three conditions and only disagree with one decision, only list the decision you disagree with. Then check the block indicating what you disagree with (service connection, the rating level, or effective date).

The most important section is the narrative to explain why you feel VA incorrectly decided your claim. Don’t leave this blank. It’s entirely possible that VA missed something, and if you don’t point it out, VA will never know. Tell your story, but be clear and concise. If you need more space, add additional pages and documentation, such as private medical records, to make your point.

As explained above, there are three primary issues with your claim decision that you can disagree with: service connection, effective date and evaluation of disability (rating percentage). There is also an option for “other” if these are not appropriate.

 

[jlrith]

1- Date of completion:  eBenefits is dependent on the regional office updating the information, so the fact that it doesn't show an estimated completion date doesn't mean anything.  And besides, the estimated completion date is a wild guess, so it wouldn't mean much even if you had a date in there.

2- You need to have a discussion with your VSO and maybe find a new one.  There is zero law that says they can't pick up an appeal already in process, even if you filed it.  

I use the DAV here in Denver and they had zero problem picking up my appeal that was both filed by me, and had a different VSO when filed.  

[Gastone]

Go and see any VSO that you want to Rep you, talk to a Head Honcho and expect some pushback regarding changing your POA. If you rationally discuss your problems with the DAV, the New VSO will have to accept you. If they continue to drag their feet, ask to speak with their Boss. It can be done, regardless of your DIY NOD Filing.

What prompted you to file your NOD requesting a DRO Review as opposed to a DRO Hearing? Have you provided the VA Mandatory DRO Review required New & Material Evidence? When and what did you submit?

Could you post a redacted copy of your Denial Letter?

Not to Pxxx on your Campfire, with a DRO Review Decision (18 - 24 months), you won't be directly made Aware of a Decision until an Award Letter or Denial/with SOC is delivered by mail. If there's an Award, the Retro Deposit hits your Direct Deposit Bank/CU in some cases 2 to 3 months before the actual Award Letter Arrives. E-Ben might update shortly before the Reto Deposit or a couple weeks later.      Be sure your Direct Deposit Account is set up to real-time Txt and Email you regarding "ALL" financial transaction.

[Buck52]

Good Post from Gastone!

[helman35]

Gadstone, The Veteran Service Office at the Biloxi Health Care System recomended me to have a DRO review, if I recall right he stated that it gave me a fresh

look at the claim and still could have the DRO Hearing if there was no change in decisions. "Have you provided the VA Mandatory DRO Review required New & Material Evidence? When and what did you submit?" <---- I am unsure what this is.  , I prepared a Notice of Disagreement a and submitted it a few weeks prior to the year deadline. In the NOD I broke down each contention and the medical evidence I had from my MSR. When I went to the scheduled C&P Exams these were not available to the Nurse Practitioner at the Diberville Spa and Clinic (NOT KIDDING). I had a claim in 1997, I never knew the status of the claim, assumed since I was receiving free health care from the VA, my claim was approved. Didnt know much about C&P. In 2015 my Brother (E-9 Retired) was under the impression I was receiving C&P. When I told him I was not, he encouraged me to find out status.Jan 2015 Called the New Orleans RO and they started a new claim for me over the phone. Told them my issues and they typed a claim.  They sent me to the Spa for C&P. All claims were denied, except Rhinitis 10% and Sinusitis 0%.. They denied Left Ankle, saying the Arthritis was not Military Related. I injured ankle twice on cruches for about 8 months of 4 year carrer. Actually ETS with ankle wrapped. Didnt get ETS exam. Showed all hospital and physician notes on chronic left ankle pain. Even up to 15 days prior to ETS in 1990. VA Dr in Biloxi says left ankle arthropathy  MRI shows MRI shows a chronically torn anterior talofibular ligament with
scarring. There is multiple small ossifications along the medial joint line
associated with bony changes. Subchondral cysts are also presumed posttraumatic.
Assessment: Chronic ATFL tear with ankle arthropathy which is traumatic.

The Biloxi VA doesnt have a Orthopedic Surgeon. They sent to to University South Alabama, and this Dr says that I have a current torn Anterior and Posterior ATFL. I also in 1999 I was diagnosed with a Bi Lateral Perpherial Dysfuntion to the greatest Degree. I didnt know those results till 2015 too. I have 2 additional test that say that support this. Neurologist says it Ear, ENT says its Cerebelum. They sent to me a Choice Program Neurologist, and now he has diagnosed me with Parkinsonian Disorder. DATSCAN supported this. He believes now the symptoms suggest its Multiple System Atrophy. This is such a Rare Disease he wants me to see a Movement Specialist at LSU. Still waiting. In 1988. I was assaulted in my barracks by another troop where he slammed my head into a wall locker. Of course no Medial records. None in my file. The only thing I have is a witness statement from another soldier who witness it. I have searched and searched for records, contacting hospital, US Senator for help. Its been tough. My tremors have gotten bad and body aches. The dizziness and balance issues daily dont help. Come home from work and just totally exhausted. Been hard on my wife and 4 young daughters.

I called the DAV in Mississippi last year and they wouldn't help me by representing me. Is there anyone else or have information. I would be happy to post my NOD and Forms but I put alot of things together.

 

[Gastone]

You don't get a do over with a DRO Hearing if the "Review" Results in a continued Denial. Next Stop BVA.

You need to read up on the DRO Appeal Requirements, especially regarding the mandatory submission of New & Material Evidence (evidence not available for the original Raters review).

Failure to comply will result in an Administrative Denial of your DRO Review and you won't know it until the Denial Letter with SOC attached arrives some 6 to 9 mos after the "Review" was completed.

How about posting a redacted copy of your Denial Letter? That would give you & us an idea of exactly what N & M Evidence supporting your contention is necessary.

Have you filed a FOIA Request for your C-File? If not, do it sooner rather than later, could be an 8 month wait for the CD.

If you have any New Medical Evidence, complete a 21-4138 (Stmt Support of Claim) listing each piece of evidence and send it to the Rating Dept, US Mail Certified Return Receipt Requested today or Monday 02/05. Do NOT Drag your FEET on this. The DRO may be scheduled to Review your Appeal next Fri at 2:45 pm, you don't know.

For that matter, the DRO may have already completed your "Review" this past Friday.