Nod

[sbrewer]

If you are rated 50%, and want to NOD that to try and get 70%, but also file 2 secondary claims for this same condition, should you file the NOD and the 2 secondary claims all at the same time or separately?

Thanks,

sbrewer

[Cavman]

sbrewer:

I am 50% and filed an NOD for an increase along with the IU form at the same time. I then filed 3 new claims a week later. I have taken a C & P for one new claim. As previously mentioned the V.A. stated in a letter that my new claims will be decided before they look at the NOD. But, then a call to the 800# last week informed me that the NOD was scheduled to be looked at this Sunday. My point here is that I don`t think you ever know what the hell is going to happen. Some people say wait about filing new claims while waiting on an NOD decision and some say the opposite.

Maybe that would be an interesting poll for Tbird to post...If you filed an NOD and new claim about the same time, which was decided first?

I`ll keep you posted as to what happens with me. I filed all in September of last year.

Cavman

[olenavygoat]

Definitely.

Subject line; "Formal Notice of Disagreement and additional secondary claims"

Make sure you use a reference line to connect it back to their document you are rebutting. Make darn sure you look at the USC Title 38 to make sure you actually have the additional conditions to get you that far.

Your new items entry line; "New Claim Items for secondary conditions to service connected disability"

List the secondary issues and all supporting reference info., include any proof linking them to service.

If your secondary issues are relevent to the 50% rated item you may wish to list adnl info so that we can tell if you are subject to pyramiding.

Either way, if you have been unemployable, submit a TDIU form as well with the package.