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Clarifying NOD Procedure For Non-Legacy Claims

flow1972

Asked by flow1972,

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flow1972 Collaborator

flow1972

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I've never found so many conflicting answers on something that "should" be easy to understand.  I read over and over about the Appeals process, filling a NOD, and CUE from Legacy Claims; but translating any of that under the new process isn't easy.

What I found:  

  After you receive your initial decision under the Non-Legacy Appeals Process you have 3 options.

1)  The NOD isn't stated as such on the "Description of Review Options" sent out with your decision paperwork.  The "Appeal to the Board" option is a "NOD" in the new system.  It's VA Form 10182.  Under the "New Process" you get to skip over to a direct appeal to the BVA on this form.  The form actually says:  DECISION REVIEW REQUEST:  BOARD APPEAL (NOTICE OF DISAGREEMENT).

For whatever reason, that info was just not easy to find.  You can choose this directly or already completing a Supplemental Claim or Higher-Level Review.  It's up to you if you want to skip over those.  You can choose 3 options in the NOD:

a)  Direct Review by a Veterans Law Judge (no board hearing or additional evidence submitted)

b)  Evidence Submission Reviewed by a Veterans Law Judge (no board hearing, but you can submit additional evidence within 90 days)

c)  Hearing with a Veterans Law Judge (board hearing and you can submit additional evidence within 90 days after hearing)

 

If you don't want to go straight to the BVA, you can:

2) File a Supplemental Claim (you have new evidence)

     - This decision can be requested to have a higher level review, a NOD, or both if you don't agree

3) File a Higher-Level Review request (you have no new evidence)

     -This decision can be appealed to the BVA (NOD) if you disagree.

 

I hope someone else can better understand the process by reading this.  If anyone has info on a CUE in the new process...I still am clueless on it.  LOL

Edited by flow1972 (see edit history)
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pacmanx1 Grand Master

pacmanx1

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Have you seen this page? What are your CUE Contentions? I would think that a CUE Claim would be the same as filing a NOD. Not sure if filing a CUE Claim would help going the HLR or the SC would work. They just seem to be a rubber stamp denial but some have worked for others.

https://www.blogs.va.gov/VAntage/64856/appeals-modernization-opting-soc-ssoc/

 

Appeal to the Board of Veterans’ Appeals:

  • Submit a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement). Check “Opt In from SOC/SSOC” box under Part III, 12 (see below).
  • This lane allows you to appeal directly to the Board of Veterans’ Appeals (Board).
  • You may choose one of three Board dockets: (1) Direct Docket: no new evidence and no hearing; 2) Evidence Docket: new evidence but no hearing; or 3) Hearing Docket: hearing with or without new evidence).
  • The Board’s goal for completing appeals on the Direct Docket is 365 days. Appeals on the other two dockets may take longer than 365 days.
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pacmanx1 Grand Master

pacmanx1

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I totally forgot if you are within one year of a decision, it is best to simply file a NOD. CUE Claims have a higher threshold that must be met and filing a NOD is your disagreement, evidence and VA regulations that they made an unmistakable error . Keep in mind that they will both grant you the decision that you seek.

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flow1972 Collaborator

flow1972

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7 minutes ago, pacmanx1 said:

Have you seen this page? What are your CUE Contentions? I would think that a CUE Claim would be the same as filing a NOD. Not sure if filing a CUE Claim would help going the HLR or the SC would work. They just seem to be a rubber stamp denial but some have worked for others.

https://www.blogs.va.gov/VAntage/64856/appeals-modernization-opting-soc-ssoc/

 

Appeal to the Board of Veterans’ Appeals:

  • Submit a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement). Check “Opt In from SOC/SSOC” box under Part III, 12 (see below).
  • This lane allows you to appeal directly to the Board of Veterans’ Appeals (Board).
  • You may choose one of three Board dockets: (1) Direct Docket: no new evidence and no hearing; 2) Evidence Docket: new evidence but no hearing; or 3) Hearing Docket: hearing with or without new evidence).
  • The Board’s goal for completing appeals on the Direct Docket is 365 days. Appeals on the other two dockets may take longer than 365 days.

No, I hadn't seen that page.  Thanks.  For me, the difficulty was trying to understand the lingo between Legacy Appeals and New.  Too many posts about legacy that don't really translate to the new.  Weeding through all of it and understanding what was what in one place.  As for the CUE, I'm still not clear on what the difference is between that and a NOD in the new process or if a "CUE" actually exists as a separate thing in the new process.

For me...my awarded rating was clearly incorrect based on prescription evidence.  Someone just didn't read the prescriptions and add up the amount of time each would add up to in "weeks in a year".  I would think that would be a CUE, but I couldn't find "how" to submit that in the new process...or anything that told me what a "NOD" in the new process was.

I ended-up just filing for a Higher Level Review and requested a phone conference so I could point out the mathematical error.

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