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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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2 hours ago, Berta said:

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.

 

You know and that’s what I’m thinking at this point too. It’s all very confusing as I got a letter in May about the 2nd NOD being denied due to being filed outside of the 1 year timeframe to appeal a decision. (Photo Attached).

Im concerned about the appointments I missed causing an issue as well but the nexus statement, (the one about is it service connected or 50% right?), was checked off yes as well. 

My thing is I can’t tell at the moment where any NOD or appeal is in place, VBMS doesn’t show it, my ebennies and vets.gov don’t show it,  nor can anyone at the VA see this “appeal”. I’ve called WH VA and theyre putting in an inquiry along with the VA to see what is going on so hopefully I will have some answers soon.

Thanksngiys for all of your help thus far!

 

BBEAC1ED-5596-41FF-8689-A04CCF349878.jpe

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Yes- they are right about the re-open and you must have sent them some good new evidence.....

I am hoping you succeed!

 

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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! 

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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

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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. 

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