Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

NOD Still Processing after 5 years?!

Rate this question


lawrencebe

Question

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
Link to comment
Share on other sites

Recommended Posts

  • 0

Update:

My IRIS inquiry came back yesterday and the VA was going to close out my reopened claim from last year. Apparently they wanted me to refile my 516EZ and run through the whole process because of this “appeal” that is still pending. Luckily the rep I spoke and agreed that if there was a pending appeal then I shouldn’t have received a letter in May stating that I can no longer appeal AND I shouldn’t have been scheduled C&P exams last year. She was very understand and unresolved my IRIS inquiry, sent it back, and wrote a great response in detail demanding they give a decision on my reopened claim from last year. We shall see how all of that goes but I want to thank all of you especially @broncovet and @Berta for your words of encouragement and guidance! I’ll keep you guys posted! 

Link to comment
Share on other sites

  • 0

Update:

Ebenefits and VA.gov both have updated with my appeal from 2013 (VA finally received NOD from August 2013 in August 2018). Seems like I’m now waiting a DRO decision. My questions now are:

1. Did the C&P exams I did end of last year count as N&M Evidence? 

2. Am I waiting on a DRO decision or is the another 5 year wait to get a DRO to look over my case (Ebennies show appeal has been started or received January 15, 2019).

3. Is this a DRO decision or because I submitted new evidence is this new with a SR VA Rater?

Thanks for the help guys! At least I’ve got some kind of traction. 

148e7dfb-41a3-44b0-b4bd-37e3fa869aab

Edited by lawrencebe
Link to comment
Share on other sites

  • 0

In my own experience. Contacting a VA lawyer is probably in your best interest. I admit I am not capable of handling my own case, and 80% is better than 0%. The VA can make all the mistakes they want; you can't. 

Link to comment
Share on other sites

  • 0

That's awesome.  Now that they are showing an appeal you have some standing.  I have to agree with 11cvolley that it might be time to consult a lawyer.  I find it distasteful that we have to involve a lawyer to get justice at the VA but that is what I had to do when the VA started pulling illegal shenanigans in my case.  A lawyer has avenues of approach that we are not allowed to use or even know of.

Link to comment
Share on other sites

  • 0
54 minutes ago, vetquest said:

That's awesome.  Now that they are showing an appeal you have some standing.  I have to agree with 11cvolley that it might be time to consult a lawyer.  I find it distasteful that we have to involve a lawyer to get justice at the VA but that is what I had to do when the VA started pulling illegal shenanigans in my case.  A lawyer has avenues of approach that we are not allowed to use or even know of.

That’s a great idea you guys have suggested. Do you guys have any recommendations on a lawyer or firm in particular?

Link to comment
Share on other sites

  • 0

I used an individual lawyer and he pulled a bad move on my case so I do not recommend him.

I looked for a lawyer in the Virginia area to handle my case.  Others can chime in with the names of lawyers they recommend.

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use