NOD Question

[Galen Rogers]

I have submitted requests to reopen a few items the VA denied initially in 2001 and 2008. I have also requested some increases of items they did approve in 2001. SO my question is concerning submitting a NOD if I disagree with the VA. Do I submit one NOD per claim even if I have multiple disagreements for that claim like percentage and effective date? Or would I submit an individual NOD for the effective date and one for the rating?

[broncovet]

You should submit "one" Nod form for each VARO decision.  

Example:

For your 2001 decision, you should submit a NOD disputing 2 issues:

Disability percentage and effective dates.

Ditto for the 2008 claim.  

BUT WAIT!!!!!   Dont submit a nod on a 2008 or 2001 claim!!!!!   Why?  Because it will be automatically denied as its not filed timely (within a year).  There ARE exceptions, however to this.  One example is if you did not receive the applicable notices of your rights to appeal.  

If you dispute a 2008 claim, there are ways to do that.  

1.  As you mentioned, you can "reopen due to new and material evidence" 38 CFR 3.156C.  (new service records).  

2.  You can also dispute a 2008 (or 2001) claim on the bases of Clear Unmistakable Error. but you would want to post this on hadit, to see if hadit members agree this rises to the level of the Cue standard of review.  

Edited August 29, 2018 by broncovet

[Buck52]

Did they give reason as to why they denied to reopen your claims? for 2001 &2008? 

or do you mean you were denied  back then in your original claims?

  You do refer to reopen! Just remember they do have special circumstances when REOPENING CLAIMS.

I agree with broncovet  file NOD Appeal claims separate. 

[Galen Rogers]

Thanks! I have not received the decisions yet. Just getting my knowledge up to speed before they come in. I hope they say yes to all and back date the couple that should be. I also hope to win the lottery this week.  This forum has been a great help in understanding the true nature of the VAs approach in dealing with our claims. 

[broncovet]

Good idea, Galen.  I suggest you order your cfile, if you have not already.  

[broncovet]

I actually got burned that way.  I tried to file a nod disputing 2 VARO decisions that came within a month of each other.  Bad idea.  One got adjuticated, the other is pending.  Now I have an attorney, and one of the isses isnt even adjuticated....

[GeekySquid]

On 8/29/2018 at 9:26 AM, broncovet said:

tried to file a nod disputing 2 VARO decisions that came within a month of each other. 

@broncovet

question related to this timing.

I received a decision on 4 claims with the letter date being Oct 31, 2018

one item was delayed and a new C&P ordered.

I had that C&P 11/13/208 & 11/14/2108 (they are related exams)

In the 4 items was a request to reopen a BHL decision and they denied only saying that the evidence was not "new and material" which is wrong.

The paired exams included a audiology exam on the 11/13 date.

The 11/14 exam was an OTO who was supposed to be examining me for dizziness but the doc didn't even know why I was there and focused on the hearing test basically saying my test shows I am about deaf.

I was going to file a NOD on the denial to reopen the BHL for service connection.

after reading this thread today I am wondering should I wait the couple weeks until the latest C&P results are in, and if I should further wait until they decide on the dizziness claim? I should note that I don't have a medical diagnosis of what is causing the dizziness, the VA hospital has scheduled tests in Dec 2018 to find out what is physically wrong. The VA on its own ordered the C&P without having those medical tests run beforehand.

Because the Doctor was unaware of the reason I was there, that he refuses to have a computer in his office, and because (I feel) the VA jumped the gun in having the C&P before having a medical diagnosis, that I will not get a favorable decision on the dizziness right now, but I might get more information to support my BHL claim re-opening. My hearing is significantly worse now but the original denial was based on a faulty reading of my records that I did not discover until recently.

will you suggest what my proper course of action is right now?

do I wait on the nod? wait on the decision on the latest C&P even though it was not technically a C&P for hearing loss?

thanks for any opinion.