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NOD denied with 2 favorable Nexus, DBQs, CP results. Next step ?

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FlyboyLeRoy

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Claim from 2017 for else infections and hearing % increase denied and NOD started from 12-2017. I am SC for Left hearing loss and Eustachian tube dysfunction at 0% and tinnitus at 10%.  4-2019 I am diagnosed with Ménière’s by VA And treated with pills.  I gather a  favorable nexus and dbq from my ent nurse practitioner and  Dbq and nexus is made and more than Likely causes by service from c&p exam. Examiner agrees and sends Off paperwork. I start a congressional inquiry a month ago for a hold  up in my case. I get an email today from the liaison that I now have a DRO and then I check online today and see the attachment provided.  I am still at 10% On Ebenefits despite all info provided that could possibly be needed. What else do you recommend? The statement says they couldn’t “fully grant my appeal” does that mean I was approved for some of it? Or is that just a generic response regardless of the outcome ? Thanks. 

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FlyboyLeRoy

You have to see the paperwork. Be mindful of your time restrictions to respond and keep it open, however. You don't have much time. You could call Peggy and ask them to read it to you but you in advance of receiving the letter, but how good is Peggy at reading? And, I'm not sure she will do it anyway, probably will say you should receive it is "10 business days" or something. But jump on it when it comes.

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You need to do what your above letter says.  Did you file the I9??  If you did, VA apparently did not get it, so send it again.  

Veterans have 2 appeal deadlines, not one.  

1.  You file a nod within a year of the decision.

2.  You file an I9 within 60 days of the SOC.  

If you miss either deadline, your appeal is dropped and dies.  

This said, you are relying upon ebenefits/VA.gov when they are known to be unreliable, not a good idea.  

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This would indicate you are in legacy appeals, having not opted into RAMP/AMA.  Since board decisions via legacy take 5 years, you probably wont get a decision for 3 more years.  

Or, you could opt into RAMP...guidance on this is sparse, but I think you can still opt into AMA/ramp, and get a decision quicker, or stay in legacy and wait 3 more years, at least.  Your choice.  

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On 10/11/2019 at 4:34 AM, GBArmy said:

FlyboyLeRoy

You have to see the paperwork. Be mindful of your time restrictions to respond and keep it open, however. You don't have much time. You could call Peggy and ask them to read it to you but you in advance of receiving the letter, but how good is Peggy at reading? And, I'm not sure she will do it anyway, probably will say you should receive it is "10 business days" or something. But jump on it when it comes.

Thanks, My vso checked and it is saying i've been granted 30% for the meniers when my situation should be 60-100. It must be a SOC since they denied by original claims from 2017. But I will wait for the papers to actually come in like you said, thanks. 

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On 10/11/2019 at 6:19 AM, broncovet said:

You need to do what your above letter says.  Did you file the I9??  If you did, VA apparently did not get it, so send it again.  

Veterans have 2 appeal deadlines, not one.  

1.  You file a nod within a year of the decision.

2.  You file an I9 within 60 days of the SOC.  

If you miss either deadline, your appeal is dropped and dies.  

This said, you are relying upon ebenefits/VA.gov when they are known to be unreliable, not a good idea.  

I am going to file the I9 within 60 days. Not sure of this process fully but am i better off doing a RAMP process at this point? Since I was granted connection for meniers but disagree with the %, thanks.

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On 10/11/2019 at 6:22 AM, broncovet said:

This would indicate you are in legacy appeals, having not opted into RAMP/AMA.  Since board decisions via legacy take 5 years, you probably wont get a decision for 3 more years.  

Or, you could opt into RAMP...guidance on this is sparse, but I think you can still opt into AMA/ramp, and get a decision quicker, or stay in legacy and wait 3 more years, at least.  Your choice.  

I think the ramp option sounds better than an appeal for my situation, thanks. 

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