Notice of disagreement lose?

[Ken Dillon]

I put in a claim for cervical spine, I had neck fusion in 2019 L4 to L7. My claim was denied because nothing in my medical records. I currently have rating in Lumbar spine. I was crew chief on ch46 helicopters and we worn NVG’S a lot. Yes I did have neck pain did not run to sick bay every day sucked it up. My surgeon wrote a lot of stating in his opinion my neck problems for a doodle wearing NVG‘s. So my claim was denied and I put in Notice of disagreement. It’s been a year since I filed that, I have call 1 800 number can not find anything on that. Any ideas what I should do?  Or would it be best to refile this under secondary claim? Thanks for any and all information. Ken

 

 

[broncovet]

There would be no reason to "file a secondary claim" UNLESS your doc has opined that your lumbar spine is at least as likely as not due to (an already secondary condition).  

Ok, so you filed a NOD.  Was this a BVA appeal, HLR, or SCL?  

To "really" find out what is going on, you are gonna need to see your VBMS file, aka efile.  It should say.  For that you would need either a VSO with VBMS access or an attorney or claims agent with same.  

It is concerning that you have not heard anything in a year.  Did you file it paper, or online?  Did you keep a copy of this filing and send it certified mail return receipt requested?  

One of VA's "favorite things" is to lose your documents.  Especially those which prove your claim.  In 2008, the VA was caught shredding Vets evidence, and we dont really have any proof that does not still continue.  I think it may be harder for them, because, when you send stuff to Janesville, its scanned it and becomes part of your VBMS file.  Thus you want to see your VBMS file and see if its there.  

Yours is a very real problem, which took me 17 years and many appeals to straighten out, and it really never got fixed, per se.    However, I did win my benefits back to my filing date, so it was "sort of" fixed.  

My advice is:

1.  File a supplemental claim, citing the date of the nod you filed.  (Hopefully you have a copy).  

2.  Take a look at your vbms file and see if the nod shows up.  You may also be able to see this in ebenefits/VA.gov, but those are not reliable, but sometimes better than nothing.  Usually you would have at least received an acknowledgement of your appeal.  

3.  Provided that you have some documentation of when you filed the nod, you will likely have to fight VA tooth and nail for your effective date.  However, first get SC, then a disability percent, and lastly dispute the effective date.  You can not fight an effective date claim for something to which you are not SC. 

      Shreddergate2:  Fortunately, I was a victim of shreddergate 1, so I may be able to help here but need more information, as I asked above.  

[pacmanx1]

You can first file an IRIS request to have them actually search for your claim. It may still be lost but the Peggy 1 (800) number will say anything to get you off the phone. Do an Iris Request and get it in writing, Be forewarned that some Irises get lost also and stay on them to respond. 

IRIS Home Page (va.gov) 

Edited September 18, 2021 by pacmanx1