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

[MarkP]

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

[GBArmy]

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.

[kanewnut]

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!

[broncovet]

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.  

[MarkP]

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.

[MarkP]

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.

[GBArmy]

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.