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!

[Superlost]

2 hours ago, vern2 said:

 I think DRO is way to go, but this is just based on my experience and the many errors that rater made in the initial decision. I did have a CUE going at same time, but since awarded 100% for same thing, I dropped the CUE. It was moot at that time.

Did you go through your exam line by line and list out every error or just an overview? I feel mine has 1 error that would meet the CUE standard, maybe 2. I think if I went line by line over each error or issue it would end up being 10 plus pages and won’t get read.

i was denied service connection so I am thinking its best to confine the NOD to connecting those dots or am I wrong?

[Berta]

The NOD is your first avenue of attack.

It is the most important document you need to file, after a denial ( or in my case, even after award decisions came.)

Keep it as short as you can-and refer them in the NOD , to the attached evidence, that supports every disagreement you state.

I use legal exhibit stick- ons but Any type of yard sale sticker will do too or write clearly the Exhibit number on the document  as evidence, and then also add the page number.- and put the Evidence List at the bottom of the NOD.

Put your name, and C file # on everything you send to them- I use my address  stickers for that .

A C & P exam might be full or errors, but that never raises to the level of CUE.

C & P exams can be questioned right away , by requesting a new C & P exam.But at this point that would probably  not happen within the NOD deadline

If VA used the wrong diagnostic  code and/or the wrong % of rating based on the evidence they had, compared to the VA Schedule of ratings, it can possibly raise to CUE level, when the VA made a legal error ( based on their interpretation of the C & P exam) on the rating sheet.

You can start the NOD wth "Your ( date) decision for my (       ) disability is wrong because of the following facts and I have enclosed my evidence for that , as Exhibit A ( 3 Pages).

Also my other claimed disability of (     ) was rated incorrectly because of the enclosed evidence Exhibit B ( 2 pages) that reveals this medical fact , (           ).

Go over the decision carefully to make sure you are sending them evidence of exactly why their rationale was wrong, as they stated it in the decision.

For some of my claims ( the last ones were all CUE claims) I scanned and put into the claims, their exact statements, then add WRONG, and told them why ( in the case of the CUEs) and then scanned the actual regulation they broke, due to the CUE. 

I have not needed to file a NOD for many years, so others will chime in on their suggestions as to how to prepare them.

One thing I have always done....is to review whatever I send them and edit ,often many times,it to be as short as possible.Then I always take a break from it,for a day or two, more if possible,  and review it again.,to be sure it covers the issues well.

I have never sent a NOD without evidence.

 I List the Enclosures at the bottom of the NOD or CUE,with brief description such as on my last claim:

Enclosures: 

Copy of your March 2015 award letter    ( Exhibit A 1 page)

Copy of  VA General Counsel Medical Review  request ( Exhibit B 2 pages)

Copy  of VA Central Review by Dr XXXXX XXXXX dated (       )   3 Pages.

Total Enclosures : 6

I had pasted the regulations they broke via scan,  into the brief CUE claim.

Cue Award April 2015   -it is still wrong -I have CUE pending on that.

 

 

 

 

 

 

But you can file CUE anytime- the NOD is what is important now.

When the MEB results come, yu can send that in with a 21-4138 Statement in Support of Claim.

 

 

 

 

 

 

[Buck52]

With the ITF filed in 2017 this give a year to file the claim, if the claim was filed in Feb 2018 and was denied Then you have a year from the letter of the denial to file  the NOD. So you need to check the date of the denial? I would think for the time left on the NOD.

Example,If you were denied and got the letter in June of 2018  then you will have until June 2019 to file the NOD.

If and when you file the NOD send in any new evidence you think that will support your claim (usually medical records and Dr's reports/opinions  ect,,,ect,,) you may not need a DRO?

If you think you need a DRO then when you file the NOD this is a good time to request one...the DRO should send you a letter letting you know the location and date and time for your DRO Hearing.  I believe you have 30 days to respond back to the DRO....Then usually within 60 days they set you up the DRO Hearing.

There's been some Veterans that never hear a word back and time elapse..you need to keep your eye on your yearly time line with your NOD  if you don't hear anything from them and your NOD is running short or fixing to expire  call your R.O. or the 1-800# ASAP

Edited December 17, 2018 by Buck52

[Superlost]

13 hours ago, Berta said:

The NOD is your first avenue of attack.

It is the most important document you need to file, after a denial ( or in my case, even after award decisions came.)

Keep it as short as you can-and refer them in the NOD , to the attached evidence, that supports every disagreement you state..

One thing I have always done....is to review whatever I send them and edit ,often many times,it to be as short as possible.Then I always take a break from it,for a day or two, more if possible,  and review it again.,to be sure it covers the issues well.

I have never sent a NOD without evidence. 

I have been in touch with an attorney and plan to hand all of it over that way. Brevity is not my strong suit, I would probably write a novel.

I am looking into an IME as well to firm everything up. I think the injury is proven and repetitive doctors visits since injury help. I think an IME will the final piece for a nexus.

[Superlost]

8 hours ago, Buck52 said:

If and when you file the NOD send in any new evidence you think that will support your claim (usually medical records and Dr's reports/opinions  ect,,,ect,,) you may not need a DRO?

If you think you need a DRO then when you file the NOD this is a good time to request one...the DRO should send you a letter letting you know the location and date and time for your DRO Hearing. 

I plan on having it in 2 weeks before the deadline so I can verify it’s there. I hope to have enough evidience a denovo(sp?) might be an option.