File a NOD nor or wait for pending MEB?

[Superlost]

I have about 2 months left before I have to submit a NOD or my claims decision becomes final. I filed an intent to file on my own within a year of coming off of Active Duty and the actual claim 20 months after I came off and was denied service connection. It looks like I am going to going through an MEB now on the Guard side for the same issues I claimed. I have always heard you can’t have two things going on at once so I don’t know how to proceed. Continue with the NOD or let it finalize and wait for the MEB?

I think I have a good shot at the NOD via DRO process. I have an LOD that service connects it and doctors visits every couple of months from active duty until now that show symptomatology. A couple of recent DBQ’s as well and some glaring factual misstatements from the VA examiners report. Most of the evidience is new from the original claim. If I go the NOD route I will probably look for an Attorney and go that route. 

Any advice is welcome!

[Berta]

I think someone, not here, told you that  you cant have two issues at once with the VA????

The MEB and the VA claims issues are separate- in that respect the MEB will help the VA claim-

Many vets file a VA claim and also have a MEB going while they are still in.

You can file a claim for any disabilities you believe they should SC.

I have filed VA claims when I had other  VA claims pending-if that is what you meant.

[Buck52]

Not sure what you mean by MEB?

or your post? or myself?

If you just have 2 months left on your NOD...you should have already got an exception letter  from your VSO or your DRO  R.O. for location date and time for the  DRO Hearing/Review? if you have requested the DRO Hearing in your NOD?

Submit all your evidence that is favorable to your denial and take copies of any and all evidence you have to your DRO Hearing.....if I was you I would call the DRO and see why you have not been contacted? Unless your meaning  your waiting on your Intent to file is up and then you submit your claim.

  but if your ITF has run 12 months and you only have 2 months left on your NOD  you need to get busy and work your claim  by sending in all your evidence and make copies and take with you to your DRO Hearing...You should have already been notified of your DRO Hearing or Review.

if I am understanding your post above? if your meaning you have 2 moths left on your ITF  THEN YOU HAVE TO FILE YOUR CLAIM WITHIN 12 MONTHS...The only reason you would file a NOD is if you were denied. this is when you request a DRO.  You have a year for the NOD...

Please excuse  me if I am not understanding your post...I been a little mind confinement lately.

Other members please chime in

Edited December 16, 2018 by Buck52

[Superlost]

6 minutes ago, Buck52 said:

Not sure what you mean by MEB?

  but if your ITF has run 12 months and you only have 2 months left on your NOD  you need to get busy and work your claim

Medical evaluation board. It looks like I could be found unfit, separated. If so I have to go to the VA for the items I had claimed and they denied service connection as part of the process.

I have 2 months left to file a NOD. My claim was denied Feb 2018 so Feb 2019 is when I have to have it in by I think. The intent to file was In 2017

Edited December 16, 2018 by Superlost

[Buck52]

Oh Okay Roger that

sorry.

OK if you were denied 10 months ago and you have 2 months left on your NOD... What Was the  INT for? 

or do you mean you filed the INT and after the INT was up, you got a decision on your claim and it was  DENIED....and you filed the NOD  Requesting the DRO and you  have not heard from the DRO? and now you only have 2 months on your NOD?

if this is right you need to submit any evidence you have to the DRO ASAP..

I am sorry MAYBE I am not understanding your post ?

  some of the other members can help you...I am not my old self lately...I can't think good and maybe I should stay off hadit for a while.

[Superlost]

I filed the intent in 2017, and my claim in 2017, my claim was denied in the beginning of 2018. I am currently in the one year period to file a NOD.

[Buck52]

Okay

you may just forget about your INT for now  then after you win the INT will give you a better early effective date incase they try to low ball you on your early filing....Now once you been denied  you have the 12 moths to Submit your NOD,,,after you been denied  so as I understand it you have Filed your NOD 10 Months ago  giving you only 2 months to complete your NOD...This means you need to send in all and any evidence you have to support your NOD/Claim...And I am thinking if you requested a DRO Hearing to settel  your claim   you should have already heard back from either your VSR or your DRO Him Self from your local R.O.  Giving you the location time and date for your DRO Hearing.

how long since you filed the NOD?  10 months ago??

If you only have 2 months left on the NOD  then you need to get a move on your claim.

Is what I am trying to let you know..but I still may not be understanding you?

Other members can help you out in the morning  unless someone see your post later on tonight...just hang in there..we''ll or others will help you out here.

Edited December 16, 2018 by Buck52