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File a NOD nor or wait for pending MEB?

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Superlost

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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!

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  • HadIt.com Elder

Vern2 

quoted 

''What you have heard is just not true''

What is not true?

I maybe off some in my post because I simply did not understand this Veterans post about him filing an NOD  when he said he did then said he has not filed it yet..

so I admit I may have given bad Advise not understanding his post  Between his INT Filing and filing the NOD   And if he only has 2 months left filing the NOD  then I assume he did file his NOD but he says he never has filed it yet? so I am not sure what to say here?

I think he had his INT For a year then filed his claim both in 2017...and he has a your for the NOD but he says he never filed it yet   unless he means he still has 2 months on the INT? Then he will file the NOD...BUT WHERE IS THE DENIAL DATE? or if he filed his claim in 2017  this is Dec 2018 THAT DON'T LEAVE MUCH ROOM FOR A NOD  if he has been denied in early 2017...AND FILED THE NOD?

I am still confused 

 but Ms Berta post is excellent advise.

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  • HadIt.com Elder

If this veteran has been denied his claim in early 2017 say Jan or Feb,...then he only has 2 months left to file his NOD...We all get that  but what is confuseing he said he filed his NOD  THEN SAYS HE HAS 2 MONTHS TO FILE HIS nod...which one is it?

 

IF HE HAS BEEN DENIED  HE NEEDS TO FILE HIS NOD AS SOON A SHE CAN AND SEND IN ALL HIS NEW AND MATERIAL EVIDENCE  AND NOT WAIT ANY LONGER...2 MONTHS TO FILE A NOD IS NOT GOOD IF HE HAS HIS EVIDENCE...WHAT IS HE WAITING FOR? TO FILE THE NOD?

HIS INT MUST HAVE BEEN FILED EARLY 2017  THATS EXPIRED  SO HE DON'T NEED TO WORRY ABOUT THAT IF HE FILED HIS CLAIM IN 2017 ALSO AND ALSO FILED AN NOD? BUT HE MAY MEAN HE HAS 2 MONTHS LEFT ON FILING HIS NOD..IF HE HAS THEN GOOD FOR HIM BUT WHAT i AM SAYING  HENEEDS TO FILE IT ASAP ALONG WITH HIS EVIDENCE.

I'VE SEEN VETERANS WAIT TO LONG BEFORE SENDING IN THE NOD, THEY MAY GET IT IN TIME BUT IF THEY DON'T GET THE EVIDENCE REGARDLESS IF HE IS ON TIME WITH HIS APPEAL  HE WILL STILL BE DENIED IF NO SUFFICIENT EVIDENCE IS FOUND  

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4 hours ago, Berta said:

The LOD can support the NOD- I would, if I were you, file the NOD and refer them to the evidence you mentione above- the LOD, the DBQs , and by all means aooeal in the NOD this BS:

"glaring factual misstatements from the VA examiners report. "

"Most of the evidience is new from the original claim."

Can you scan and attach the denial you are Nodding? Cover  file # and name prior to scanning it.

Part of the delay in submitting the NOD was waiting for the corrected LOD to get finished. The 1st was very general, the corrected version has specific diagnoses and ICD 10 codes.

Factual misstatements like Va examiner saying test showed “recouped” when test said “resolving” and listed two diagnosis and listed two congestive impairments, one mild, one moderate. None of which was mentioned by VA examiner.

New evidience being 15 or so doctors visits with notes, since I filed the claim, 2 new DBQ’s and the new LOD. It is all a continuation of what I submitted to the VA and claimed.

I will try and get the denial scanned and uploaded later today. 

 

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4 hours ago, vern2 said:

The MEB process may drag on for some time, file the NOD! What you have heard is just not true. Good luck!

I am thinking I may just file the NOD, I am reaserching attorneys now. If I do file the NOD I want to increase my chances of it being accepted the 1st time.

 

2 hours ago, Buck52 said:

If this veteran has been denied his claim in early 2017 say Jan or Feb,...then he only has 2 months left to file his NOD...We all get that  but what is confuseing he said he filed his NOD  THEN SAYS HE HAS 2 MONTHS TO FILE HIS nod...which one is it?

 

IF HE HAS BEEN DENIED  HE NEEDS TO FILE HIS NOD AS SOON A SHE CAN AND SEND IN ALL HIS NEW AND MATERIAL EVIDENCE  AND NOT WAIT ANY LONGER...2 MONTHS TO FILE A NOD IS NOT GOOD IF HE HAS HIS EVIDENCE...WHAT IS HE WAITING FOR? TO FILE THE NOD?

My apologies, I think I did a poor job of explaining. I filed the intent to file in Jan 2017. I submitted the actual claim in December of 2017. My claim was denied Feb 2018 so I believe I have until Feb 2019 to file a NOD.

I “think” I have all of the evidience I need. I think I could file the NOD and be successful with the claim. I have held off debating on whether to file or not because of the pending MEB. 

 

I think I will file the NOD and I am researching attorneys that can take this on. I think I screwed up in filing initially with what was claimed. In retrospect I would have done it differently.

 

i haven’t gotten bad advice in the responses and I want to thank each of you for responding.

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7 minutes ago, Berta said:

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-

You are correct, I was told you could not have both going at the same time. Reading what you posted makes filing the NOD the course I am going to take. 

I have sent sent one email out regarding the cost of an IMO and one to an attorney. As I mentioned earlier I am hoping to try and get it accepted at the DRO level. 

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I filed my NOD and requested DRO review early in 2015, was accepted at DRO level and was awarded 100% for heart and several other issues was awarded lesser amounts, but of course only get the 100%, plus SMC. 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.

Edited by vern2
spelling error
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