Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Sample NOD

Rate this question


vern2

Question

Behind the times. Was not aware of the AMA took effect on 19 February  2019. PLEASE DISREGARD MY POST. GO TO ASKNOD for latest on AMA, and how to appeal.

I have created a  sample NOD to use in your response to the VA denial of benefits letter. Please ensure that you use the correct VA form, 21-0958 dated Sept 2018, or later. It would be helpful if some of the senior moderators would review my post and comment on it.

 

Vern2

sample NOD2 statement to put on the VA 21-0958.docx

Edited by vern2
Not aware of new AMA

Vern 2

Link to comment
Share on other sites

Recommended Posts

  • 0
  • HadIt.com Elder

Here is a quick link from ( asknod.org)

in part of what I read and just posted.

Phase II of the New NOD

https://asknod.org/2019/02/24/ramp-screw-me-twice-shame-on-me/

 Source: February 24, 2019 by asknod

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

 Hopefully to clarify

Quote from asknod.org

''The Transition From Old NOD to New NOD'' 

''If you aren’t lost yet, hold on. If you are still in the old, original Legacy system, and recently  got a decision but have not yet filed a NOD, you will continue to use the old VAF 21-0958. ''

''You will have to wait for a grant or a denial and the issuance of a SOC or SSOC  in order to opt into the new AMA system. At that time you would logically choose the Board of Veterans Appeals option and get the hell out of your local Funhouse.''

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
1 hour ago, Buck52 said:

Ms berta

I was reading over at Alex blog (Asknod.Org)

Here is a quote 

''As with anything you do in VAland, it pays to read all the literature VA mails you.

Gone are our old friends the VAF 21-526b and the newer VAF 21-0958-after February 14th. Yeppers. You no longer file a notice of disagreement (NOD) on a VA Form 21-0958

… well, that is, if you got the decision before February 14th , 2019, yes you do..VA quit work on the 14th and began again on the 19th so any decision on or after February 19th fall into the new AMA system.

The use of the 0958 ceased on February 14th, 2019 at midnight for what was then RAMP. Confused yet?

You now have what appears to be two 21-0958-like choices. In reality, the truth is you are going to be funneled into two equally distasteful scenarios. Either one is a poor fit compared to the old method. 

I have not filed a NOD in over 10 years, so if we do not use the 21-0958, what form or format do we use to filed a NOD after we get the denial letter?

Vern2

Vern 2

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder
2 hours ago, Buck52 said:

 Hopefully to clarify

Quote from asknod.org

''The Transition From Old NOD to New NOD'' 

''If you aren’t lost yet, hold on. If you are still in the old, original Legacy system, and recently  got a decision but have not yet filed a NOD, you will continue to use the old VAF 21-0958. ''

''You will have to wait for a grant or a denial and the issuance of a SOC or SSOC  in order to opt into the new AMA system. At that time you would logically choose the Board of Veterans Appeals option and get the hell out of your local Funhouse.''

Vern2 above statment  but it don't have the New NOD Form#

As Ms berta mention she will read more on this New RAMP  as we all do not understand the full load of RAMP.

 

As I understand this  veterans that filed claims After 2 /19/2019   will be in the RAMP Process...Veterans that have filed before 2/10/2019 will still be in the traditional claims process   after a denial and veteran receives his SOC/SSOC  it is then he/she will be placed in the RAMP

 

If this in incorrect elder members please correct me.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
22 hours ago, vern2 said:

I have created a  sample NOD to use in your response to the VA denial of benefits letter. Please ensure that you use the correct VA form, 21-0958 dated Sept 2018, or later. It would be helpful if some of the senior moderators would review my post and comment on it.

 

Vern2

sample NOD2 statement to put on the VA 21-0958.docx 15.17 kB · 14 downloads

Thanks Vern

Link to comment
Share on other sites

  • 0
22 hours ago, vern2 said:

I have created a  sample NOD to use in your response to the VA denial of benefits letter. Please ensure that you use the correct VA form, 21-0958 dated Sept 2018, or later. It would be helpful if some of the senior moderators would review my post and comment on it.

 

Vern2

sample NOD2 statement to put on the VA 21-0958.docx 15.17 kB · 15 downloads

OOPS, BEHIND THE TIMES. RAMP IS THE NEW VA PROCESS TO APPEAL, SO NO LONGER CAN USE THE OLD FORMAT. NEW RAMP IS NOT USER FRIENDLY. LOTS OF MINEFIELDS. READ WHAT ASKNOD AND OTHERS HAVE WRITTEN ON IT. please disregard my sample NOD as it is obsolete.

Vern2

Vern 2

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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use