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Submitting additional evidence VS. NOD - Need Help understanding

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Penguin

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Hello all, 

I received my disability decision rating for my initial claim about 2 weeks ago. I would like to submit additional evidence to support my claim and receive a higher rating on some disabilities and service connection on the issues denied.  On the VA Form 4107, it says I have two options:

  1. Start an appeal by submitting a Notice of Disagreement (NOD)
  2. Give us evidence we do not already have that may lead us to change our decision

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I am interested to learn more about option 2, because I have heard appeals can take longer.  It is not clear how to submit additional evidence (who should I send to, can I submit through ebenefits online or do I have to mail?). If anyone has experience with submitting additional evidence instead of submitting a NOD, I would love to get your advice on exactly how to submit and how to track and follow up with the VA after submitting.

Thank you!

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 Penguin it would help us if you can post a redacted copy of your denial  What we Decided'' (black out personal info)

 If you were denied  then you need to Appeal, it is required by the VA Its the Law.

I would file the 21 -0958 and submit any favorable evidence that would show them they was wrong in denying your claim. Appeal each issue separate  as outlined in your denial letter, you can do this on the 21-0958.... ASAP.

https://www.va.gov/vaforms/form_detail.asp?FormNo=21-0958

 I would submit it both ways   e benefits on line and snail mail to the Janesville claim process center .

better to double barrel these guys  as they lose records all the time/or get miss -placed

Edited by Buck52
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If you are within the time limits for the submission of evidence ( which is stated in the decision) , and if that evidence is probative ( meaning it is strong enough for them to perhaps change their decision) you might not need to file a NOD.

But, as Buck said ,we need to see their Reasons for the denial .

Cover your C file #, and name prior to scanning it. Then You can easily attach it here and we can advise better.

You can use the 21-4138 form as a cover letter to the evidence.

 

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You have been given great advice by Buck and Berta.  The only thing I would add is to remember that one year nod clock, and file a nod before it expires.  The reason is VA loves to lose our evidence, and then deny we ever sent it.  For that reason, many send it Certified mail, return receipt requested.  So, WHEN (ok, if) VA losses it, you say.  "Oh no you didnt.  _______ signed for it on 11/2/2018 per this signed receipt.  I will send it again, but you lost it not me, so Im gonna decide if I will write to VAOIG about this, depending on the outcome of this."  

Edited by broncovet
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Also you can ask for a reconsideration, as I understand the March 2015 M21-1MR  change date that I believe was one of the changes former Sec Shulkins office said I had input into- the change means the NOD time frame is now extended until a reconsideration request is adjudicated.

I had written to Shulkin that the reconsiderations can take so long that many times, the veteran never files a NOD on time- waiting for what could be a denial of that request...It was a very unfar practice.

I asked others to comment on the M21-1MR change here but no one did----

If I find that post I will ask again.

It was exactly what I wanted from VA ,to be put into M21, but when they do somethiing good, I have VAOLA Paranoia and wonder if I am really interpreting it correctly.😣:wacko:

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There were many denials there- you need to combat, with documented medical evidence, anything they stated that you feel was wrong- you might need to get an IMO/IME for some of this stuff.

You would need that evidence to file for Reconsideration or if you chose the NOD route.

If VA has missed something in your medical records, to support a higher rating etc, for some of these conditions, you need to point that out to them- you can also copy any medical records and highlight them , as evidence, and also I hope you have copies of the actual C & P exams because maybe those exams were faulty-and not even done by someone with expertise in the field of each disability.

Do NOT get discouraged- many here have had plenty of denials----and often they were due to erroneous C & P exams.

But often they could only be overcome with IMO/IMEs from real doctors.

 

Edited by Berta
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