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Clarifying NOD Procedure For Non-Legacy Claims
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flow1972
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 flow1972Link to comment
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