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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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lawrencebe

NOD Still Processing after 5 years?!

Question

Posted (edited)

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 by lawrencebe

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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.

48C44D46-7397-4153-B738-C679D58EB7C0.jpe

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That is a dilemma.  It seems by reading the denial you already have a claim pending.  You say there is no record of it though.  I say it is time to contact the white house vets number. 1-855-948-2311

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Posted (edited)
1 hour ago, vetquest said:

That is a dilemma.  It seems by reading the denial you already have a claim pending.  You say there is no record of it though.  I say it is time to contact the white house vets number. 1-855-948-2311

Yes prior to me completing my exams there was absolutely no record of an appeal on Vets.gov, Ebennies, and nothing on the BVA website. My VSO back in April 2018 could see where an NOD was sent in but could not see in VBMS where the VA ever sent anything to me in regards to that NOD or even acknowledged receipt of the NOD back in 2013. 

I called the WH VA # and the VA # too and all I pretty much got was case #s to follow up on in a few weeks. Seems like no one has answers, besides wait a few weeks, and that is unacceptable to me. It’s absolutely ridiculous that after 5 years of silence and AFTER me going to exams, which seem to have gone favorable for me, this NOD from 2013 pops up halting everything with not a single person who can verfiy it’s existence besides what’s written on a letter. I’m not trying to say this is some grand conspiracy, because in actuality this is a good thing, and I understand things slip through the cracks but that’s an awful lot of slipping.

So the next step will be me going to the Regional Office and seeing what they say because this is a dilemma and one that’s turning into a circus. 

Edited by lawrencebe

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16 hours ago, Berta said:

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.

 

Posted

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It does seem to say they are working on this NOD

"My VSO also refiled for a new claim at the same time as the 2nd NOD in April 2018." 

and that some of the C & P exams seem to have been favorable, per the VSO.

"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."

That makes sense to me-and I believe they mean the new claim of April 2018, that your VSO sent with the NOD.

Also the VA sat on one of my NODs for at least 5 years. I couldn't wait for it to get transferred to the BVA.But another RO took jurisdiction over it, due to the 2010 Nehmer Court Order and they awarded it very fast.

In your case, the exams you missed might well prevent your ability to file for a better EED than whatever they give you-which will probably be the 2018 date of claim- but hopefully they will award some or all of the issues.

"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."

The "Yes" check offs do not necessarily mean they have enough to award.

It is the nexus statement at the end of each of the C & P s and any other  proof they have of the nexus or link to whatever inservice event caused these disabilities, and anything the examiner says that supports how these disabilities affect your ability to work.

 

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