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NOD Granted - Can Anything in it be Re-appealed?


MarkP
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Question

I received a favorable decision last November for my NOD. A few things were denied, but my main points were found favorable. I realize I had 60 days to appeal the claims that were denied in the NOD, but my question is do I still have the year to appeal anything else in the decision; specifically, a zero percent rating? I got service connected for hypertension and was given 0%. This claim was one of the weaker claims that I failed to address in more detail. I'm on medications and meet the criteria to be at least 10% for this. So, does the "one year to appeal" cover NOD decisions? I thought it did, but I'm reading up on it now and I'm getting the feeling I don't. Thanks.

Mark

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MarkP Yes. You can submit a supplemental claim for your 0% rating on hypertension. If the award was within 1 year, it is what you should do to keep your date going. If not, you can always file but your EED will be the date of the appeal.

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31 minutes ago, MarkP said:

VA Form 20-095

I think you mean 20-0995. You are sending in additional evidence so this is it. 

 

32 minutes ago, MarkP said:

I'm feeling "stubborn" today

Give ‘em hell while you have the energy!

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Yes.  You can appeal all or any part of any decision.  For example, if you were denied on issue A, given a zero percent rating on issue B, and awarded 10 percent on issue C effective April 1, 2020, you couuld:

1.  Appeal the denial on issue A. 

2.  Appeal the disability percentage on issue B,

3.  Appeal the effective date for issue C.  

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On 5/5/2020 at 3:44 PM, GBArmy said:

MarkP Yes. You can submit a supplemental claim for your 0% rating on hypertension. If the award was within 1 year, it is what you should do to keep your date going. If not, you can always file but your EED will be the date of the appeal.

I fought a good case. Proved what I wanted to prove, but I'm so fatigued any more. The VA is unable to give straight answers to me and I get "crazy answers" that are obviously false at times. My intentions were to file for the increase on the hypertension as you verified as accurate. I have a zero rating and I'm currently taking 3 medications. Would I file this increase request with supporting documentation to the Intake Center as before? That would be my guess. They seem to keep track of everything to my satisfaction.

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On 5/5/2020 at 5:29 PM, broncovet said:

Yes.  You can appeal all or any part of any decision.  For example, if you were denied on issue A, given a zero percent rating on issue B, and awarded 10 percent on issue C effective April 1, 2020, you couuld:

1.  Appeal the denial on issue A. 

2.  Appeal the disability percentage on issue B,

3.  Appeal the effective date for issue C.  

The denials I had have already passed the 60 day mark so I lose that, but I'm OK with it. They proved to me that they weren't warranted in my case. I'm going to Appeal the 0% to get that information up to date with the VA and as far as the "effective date" I'm good. This was my first filing (May 2018) so there's no asking for an earlier date for me.

I do appreciate you responses. As time progresses I get more and more fatigued with all this. The VA counts on it is my guess. There's so many nuances to VA Law and directives its hard to keep track which procedure covers which claim. The VA splinters your claim and each piece of it is covered differently.

I had filed a CUE already on my claim and they said it was "in Appeal" so I wasn't understanding that. I had a "deferred decision" and that's what I CUE'd. I realize that for a "deferred decision" I would need a follow-up C&P exam as it was clearly written in the Decision letter. The weird thing was that they did later give me one, but it was for another approved claim. A claim that they never said anything about a C&P exam was needed. Confusing.

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MarkP You have to be stubburn Do you really want the Machine to win? No you don't. If you still have time work it. OK, it's a little work up front. And maybe another C&P. Big deal. You can win this. Hope you continue brother.

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On 5/12/2020 at 4:01 PM, GBArmy said:

MarkP You have to be stubburn Do you really want the Machine to win? No you don't. If you still have time work it. OK, it's a little work up front. And maybe another C&P. Big deal. You can win this. Hope you continue brother.

Ok, I pulled out my paperwork today to request an increase for my hypertension which they service connected me at 0%. I'm on three meds to keep it under control and I meet the requirements for at least 10%, so I'll be getting this together. Now, .. it looks like I need to put this on a VA Form 20-095. Is that correct?  I'm feeling "stubborn" today so I need to get this in the mail while I got the energy to do it! Is this the required form? Thanks in advance.

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OK Mark, so what is the evidence for increase on headaches or migraines from 0%. Headache log? Do you want to run it by us?

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18 minutes ago, kanewnut said:

I think you mean 20-0995. You are sending in additional evidence so this is it. 

 

Give ‘em hell while you have the energy!

Another question. I'm in the legacy system. This form states that by using it I "have to" opt-in to the new Modernization Review System. I'm not sure that's a good decision. I'm not sure. Why all these road blocks?

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15 minutes ago, GBArmy said:

OK Mark, so what is the evidence for increase on headaches or migraines from 0%. Headache log? Do you want to run it by us?

It's hypertension. Evidence will be my three medications and a recent run to the ER for high blood pressure. My numbers will be over the minimum numbers required. I guess the VA found "evidence" in my service medical records of hypertension (thus 0% award) even though they said NONE EXISTED! I only requested them continuously for two years. I still haven't gotten them. As long as they got them and they're reviewing them.

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22 minutes ago, MarkP said:

I'm in the legacy system

I’m sorry, I thought you were in the AMA. Your decision should state how to file your appeal. 

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Mark The VA misses evidence in your records all the time, whether it's on purpose or not. It is just what they do. We just have to overcome what they screw up. The VA takes 3 readings over several days and uses that data from your records or from specific readings they ask you to get at the VA.  You can find what they have in your data under "vital readings". See what is there for you. If you have 3 or more findings listed  that are high and establishes your new criteria, make a copy as evidence. That's pretty much the routine to establish whether or not you have current symptom for htn. Since you are already s-c for it, it should be somewhat similar to show your worse conditions. What you might want to do is send a request to your doc thru Blue Button (establishes a medical record) and say your b/p seems to be getting worse. He should say go to the VAMC or clinic and get it checked. It will be put in your file (new medical evidence). Assuming it is over 100,  you reference your new increased recording in your Supplemental claim. You might want to have a cup of coffee before you take your readings; that's up to you. Point is you have to show recordings in your records somehow. If they aren't in there, you will have to get them put in.

 

 

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This explains appeals, after Feb. 19, 2019:

https://cck-law.com/blog/news-what-is-process-at-board-under-new-va-appeals-system/

Do you mean you are appealing a BVA decision?  BVA decsions are appealed to the CAVC, and you should have a lawyer for that.  If you are appealing a VARO decision (SCL, DRO, HLR, etc), then you have a year.  

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