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NOD Still Processing after 5 years?!

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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
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This is so true lawrencebe.  Never trust your VSO 100%.  I almost lost five years of TDIU because my VSO did not file the proper form 9 when appealing a decision.  He apologized and told me to re-file.  I went to two other organizations and they told me to re-file since I had lost my original date.  I did some research myself and found that at that time the form 9 could be written on a napkin.  I had filed a statement when my VSO sent in the NOD without a form 9.  I challenged the VA who said it was too late to file and won my original date.

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18 hours ago, vetquest said:

Never trust your VSO 100%.

Very good advice vetquest, not that there is anything wrong with VSOs. Always remember everyone has limits of knowledge, so always verify the information especially when it comes to money.

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On 6/30/2019 at 7:42 PM, vetquest said:

This is so true lawrencebe.  Never trust your VSO 100%.  I almost lost five years of TDIU because my VSO did not file the proper form 9 when appealing a decision.  He apologized and told me to re-file.  I went to two other organizations and they told me to re-file since I had lost my original date.  I did some research myself and found that at that time the form 9 could be written on a napkin.  I had filed a statement when my VSO sent in the NOD without a form 9.  I challenged the VA who said it was too late to file and won my original date.

Did you file a CUE claim for this? I would love, as well as current and future members who read this, to know what you did to accomplish this!

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No, I did not file a CUE on this.  I sent in a letter to the RO detailing my situation and told them that they were wrong on the decision and stated the regulations that proved my letter to the VA could be considered a form 9.  I guess you could call that a CUE, but it was not a formal CUE, the VA then adjudicated my case at the NOD level.  I lost and had to go to the BVA but I kept my initial filing date.

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1 hour ago, vetquest said:

No, I did not file a CUE on this.  I sent in a letter to the RO detailing my situation and told them that they were wrong on the decision and stated the regulations that proved my letter to the VA could be considered a form 9.  I guess you could call that a CUE, but it was not a formal CUE, the VA then adjudicated my case at the NOD level.  I lost and had to go to the BVA but I kept my initial filing date.

Ok I understand and I will definitely be doing that asap. I really appreciate that and it helps to know that because I wonder how many people haven’t gotten their fair pay when the form 9 was still around. Thanks a lot for that!!

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Update: 7/17/2019

 

Finally got scheduled for my last C&P exam Monday for flat feet. It’s kinda surreal after fighting this process for almost 7 years it’s almost over. I’ve been freaking out as this part is the appeal process that’s going to have the biggest back pay to it...life changing back pay that I need. 

Just a question for those who have been through a DRO review, how long after your final exam did you get your decision? My last decision on my reopen took 2 about months so I’m wondering should I expect the same time line? I’m aware everyone’s timeline is different depending In the RO but I’m just trying to see if it took people months, like 6 or more, to get a decision and receive back pay so I can be mentally ready.

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