NOD Still Processing after 5 years?!

[lawrencebe]

Posted in a different forum but I’ll bring this here as it’s more appropriate. 

Back in August of 2013 my VSO sent in a NOD (which was within a year of my denial which I received in February 2013). This NOD was done because I was unable to get the VA to reschedule my C&P Exams in 2012 after requesting several times and subsequently all my claims were deemed “Not Service Connected. Not Enough Evidence”. After 4+ years with no word from the VA I went back to my VSO in April 2018 and he refiled a NOD, with the original one attached, and I received a denial in May 2018 saying my NOD was outside of the year time frame.

My VSO also refiled for a new claim at the same time as the 2nd NOD in April 2018 because he was unable to see in VBMS anything regarding my an NOD, if an SOC was sent, or any DRO status. My original claim at the time was closed and nothing else seemed as if there could be done.

The new claim was accepted in April 2018, I sent in my packet in October 2018, and I began going to all my QTC appointments with my last being in the beginning of December. All seemed well but my new claim is gone and after speaking to the VA over the phone it now seems as if my new claim was denied due to my original September 2012 claim still in the appeal process from August 2013.

A letter from the VA which will be sent tomorrow Jan 2, 2019 is stating in summary that I cannot refile a new claim with the same items that are still being appealed which is blowing my mind.

So at this point I’m trying to see if I (my VSO) should send in another NOD, send in an I9 or do something else to figure out what is going on. 4+ years of not knowing what is going on is enough and somehow I need to fight I just don’t know where to begin. 

Thanks for all the help and advice in advance!

 

 

Edited January 2, 2019 by lawrencebe

[broncovet]

This is a tough one..and requires you be tough and persistent.  Still, if what the letter you received is correct (that your new benefits claim was withdrawn because the same claim is in appeals), then you simply need to wait it out.  Its great you got "an offical VA letter" stating that your claim was withdrawn because the same claim is in appeals.  Often, we cant hold VA employees accountable, because its far to easy for them to say, "I did not tell the Vet that."  Now, there should be no doubt, if you keep the letter.  

    Still, even tho you can "just wait on the outcome", I do think Berta's idea to research what the VA letters say and make appropriate choices is a good idea.  

    However, I do recognize that not everyone wants to devote 40 or more hours per week researching and studying VA laws to determine your best course of action.  I would encourage you if you wish to become an independent prodigy of Veterans law..we certainly need more like Alex and Berta.  But I also know that many will not be up to this challenge..to include myself.  

    I have a "pretty good" grasp of Veterans law, mostly related to what I have been involved with.  For example, I have studied "earlier effective dates" and can do a fair job advising on that topic.  

(I was, however, very disappointed, that MOPH "took down" their website on "common effective date errors", because that was superb.  )

[Berta]

Please scan and attach the VA letter here when you get it-

cover your C file #, name, address prior to scanning it.

We can help more if we can read the actual words of the VA.

 

[propp3]

My VSO says "give everything to me" but I don't trust him. I still send everything certified to the local VARO AND the claims intake center...

receipts, receipts

probably produces lots of duplicates in my c-file but I don't care.

[Vync]

5 hours ago, propp3 said:

My VSO says "give everything to me" but I don't trust him. I still send everything certified to the local VARO AND the claims intake center...

receipts, receipts

probably produces lots of duplicates in my c-file but I don't care.

I did the same thing. A few months after my claim was completed, I received a package from the VARO which contained all the duplicate documents. Quite the surprise.

[lawrencebe]

Just got off the phone from calling the 800 number.  My reopened April 2018 claim was closed on December 31 due a prior appeal “pending in the system”. I had the rep look for that “appeal” and just as I thought and my VSO confirmed back in April 2018 there is no record of me filing any appeal over the last 6 years. Nothing other than the NOD from 2018 that was denied for obvious reasons.

The rep on the phone submitted a request to “investigate” what is going on as she thinks it’s a “system error”. We shall see what this “inquiry” turns up but at this point it’s more of the same—delay and wait.

I’ll keep you guys updated and post that letter once I get it and the results of the inquiry. 

Thanks for the input!

Edit: Also checked the BVA website to see if there is anything over there and oh course—nada.

 

Edited January 2, 2019 by lawrencebe

[lawrencebe]

Update:  

Just left my VSO and the VA did find the NOD that was filed in back in 2013. Here is a copy of the letter that was sent.He was able to see where my C&P exams were also in my favor with a lot of stuff being checked off as yes. Now it’s just time to wait and see who this has been referred to.