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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 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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I used Woods and Woods. No complaints and they won my BVA case for a better backdate and my increase from 70% to 100% for ptsd.

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22 hours ago, 11cvolley said:

I used Woods and Woods. No complaints and they won my BVA case for a better backdate and my increase from 70% to 100% for ptsd.

Called them today and they’re only looking for 100% Disability cases where vets are unemployed. They sent my situation to one of there other partner firms. It’s a definit start!

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UPDATE:

So I’ve seen over the past few weeks a couple of you guys have had there NODs finally processing after a long wait. 

My current timeline is long so please bare with me. Here is what’s been going on this far—

October 2012

Orginial Claim

February 2013

Denied on all claims

August 2013

NOD filed for DRO Review (de novo)

April 2018

Reopened Original Claim

August 2018

VA receives 2013 NOD

November - December 2018

C&P Exams for April 2018 Reopen 

January 2019

Notified that some issues that were on April 2018 Reopen could not be reclaimed due to pending Appeal

Called White House VA to file complaint

February 2019

Received call from Houston VARO that WH VA Compaint was received and my appeal was a legacy appeal that is now “being worked”.

March 2019

Vets.gov shows I have Reopened claims from October 2018 (April 2018 Reopen) and my NOD is at DRO Review for other claims from August 2013

Received letter requesting approval to obtain medicial records from several different places.

April 2019

C&P Exam

As of 4/5/2019

Evidence, Review and Gathering phase for April 2018 Reopen  (showing up as October 2018 Reopen). 

DRO is reviewing documents for April 2013 NOD

Has anyone else experienced going through a Reopen Claim while an Appeal is processing at the same time? I’m just curious cause this seems like a lot of moving parts and I was told my April 2018 Reopen couldn’t be closed until my Appeal was done. Does the same person doing the Appeal handle the Reopen at the same time during the DRO process? My most recent C&P exam (4/4/2019) was for my April 2018 Reopen so this is kinda confusing the hell out of me lol!!

Thanks for the feedback!

639109A1-C53D-4EAF-8EEB-0977D5D7CD88.png

Edited by lawrencebe

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Hang in there brother. I know and feel your pain.

I would stay diligent with treatment and doctor notes.

NEVER GIVE UP

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Update - 5/19/2019

All of my requests have beeen closed for my October 2018 “Repoen” and my DRO decision is still pending. 

I will continue to update this thread whenever I get some traction for those who will read this in the future. I know it’s gona be tough, I know the anxiety is going to kill you, but just keep going. If you’re like me you’ve already contacted the White House Hotline cause yo weee fed up. 

Some things Im doing to keep sane during this process:

1. Went to every apppont I had and responded to all VA correspondence PROMPTLY. 

2. Had a 3-n-1 printer (with fax) in my home. Faxing is almost $2.00 at places like FedEx Kinkos so this little investment will pay off.

3. Had a binder oganized and ready to go at ALL times. C-File, VA appointments, C&P exams, originals of faxes, military records all the way down to the Memorandums I had from different units. I also made sure 

4. I STOPPED contacting my VSOs unless I had an update or wanted to check in. 

5. I regularly check VA.gov (2x a week Tuesday’s and Thursday’s) to check my status. Checking everyday stresses me out but not checking made it worse so 2x a week was a good balance. 

6. I called the hotline once a month. Listen you’re gonna get the usual VA when someone answers the phone. 

And last but not least

Lived life

I’m in my Sophomore year of college on the VAs dime, getting my monthly stipend. I work, spend time with family and friends, I do cardio 5x a week, whether it’s walking or the treadmill or or riding the stationary bike, and just live normally as best as I can. This process can be hard and lengthy but at this point I’m living so VA money or not I’m going to keep pushing.

I also read and post in this forum, not to find pittt or wallow in self doubt, but  to keep hope alive and see the many who have fought and won. 

So until my next update

 

🏾🏾🏾

 

 

Edited by lawrencebe
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