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]

10 minutes ago, Buck52 said:

Okay

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.

I have not filed the NOD yet. I have 2 months left to do so if I go that route I think. 1 year from the date of the denial letter to appeal with a NOD is what I though I read. 

Edited December 16, 2018 by Superlost

[Buck52]

Yes your right you have 2 months left to file your NOD  but this is cutting it kinda short don't you think?

   Now you only have two months to file it and submit any evidence you have unless your lucky and they recieve all your evidence in time to make a decision within these last two months?

Or if you ask for a DRO Hearing  then you will have to wait for the DRO to send you the information on the Hearing in the Mail, and if your NOD Expires During this time  you may or may not get the DRO Hearing ? but you are absolutely correct you have 2 months left to file.

  other wise they will deny your claim again for not enough evidence or insufficient evidence  and if you only have 2 months left and they never recieved your evidence for some reason or another  that's cutting it pretty close.

Especially if you request a DRO Hearing...its playing with fire if you don't submit your NOD with your evidence as soon as you can after your dnied and not wait 10 monhts to do so.....>.but you are correct if you filed your NOD 10 months ago then yes you still have 2 months to submit it.

Edited December 16, 2018 by Buck52

[Buck52]

Is there any reason you waited this long to file? was you gathering evidence? I can certainly understand that.

Most cases its better to get that evidence in that will help substantiate your claim and get a  WIN decision as soon as  you can.

but to put your mind at ease your still safe on your NOD time limit.with 2 months left.

Edited December 16, 2018 by Buck52

[Superlost]

If I do file the NOD I will submit my evidience with it. I have had to wait for appointments and documents to submit. I have had DBQ’s done, multiple doctors visits, etc since. I have held off until these came through, they just took a while and I started late.

[Berta]

"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. "

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. "

Vets are getting fed up with lousy C & P exams and a recent GAO report ( they could use that report as evidence)

might get some impetus for them to get the whole C & P situation changed.

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

I think however that a Reconsideration Request might be a better idea-

Not sure-

The VA ( formr Sec Shulkin) used my suggestion in the Modernization Act to prevent a recon request from causing a denial, if the vet did not fle a timely NOD , after making this request.

It is now in M21-1MR that if the Reonsideration Request is denied, it will cause the VA in the denial to give appellate rights again-

I had made a strong statement to the Sec ( based on my personal experience and what I have seen in many vet's cases) that the VA- (words to this affect) used to piss away a NOD time frame, because the vet or survivor like me thought they would award the claim based on the request and the evidence that held, but ,as it was I had to file a NOD at the very last minute-SMC CUE claim.

I will find the M21-1MR  change that my letter to former  Sec Shulkin prompted and post it here .

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

(personally I would probably file both a reconsideration as well as the NOD-) yet , we need to see the denial to see what would be best-

http://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part3/subptii/ch02/M21-1MRIII_ii_2_SecG.docx

The change ( which was exactly what I asked Secretary Shulkin  for) is at this link, M21-1,Part III, Subpart ii, Chapter 2, Section G, under "c".

My concern is that they might want a new claim filed, as a "re-open" but you are within the Appeal period until February- so I hope a re-=open can be avoided, since you still have  time. What I mean is explained here.

https://community.hadit.com/topic/72150-recon-request-vs-re-open/

 

PS- I asked for comments on another post I made as to the M21-1MR change here and no one commented.

It was a highly important change- to our basic rights- as claimants.

We had a VSO here years ago arguing with me over the older regulation.Some of his vets lost their claims because of the advice he gave them.After I linked him to some BVA denials, regarding the same issue, he left hadit-he had told them the Recon Request stoped the NOD clock. For decades that was NOT true until the VA changed M21-1 with the above link.

I have asked the VA to do many things, as an advocate , for veterans.They made 2 major changes to M21 due to my input, in 2015, and I am asking them for more-but would appeciate if anyone here wuld read the M21-1 link and comment on it-

If we want to help vets with the best advise they can get- we half to keep up on everything that changes basic VA case law and regulations.

Also out VA SRD is out of date- maybe a mod can put a better link in that forum.

 

 

Edited December 16, 2018 by Berta

[vern2]

10 hours ago, Superlost said:

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!

Suggest you go ahead and file the NOD. Do not let this pas by!! The MEB process may drag on for some time, file the NOD! What you have heard is just not true. Good luck!