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NOD Appeal Honored Almost 20 Years Later

GulfWarVet1990

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GulfWarVet1990 Contributor

GulfWarVet1990

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Good evening all -  In 2003 I submitted a notice of disagreement (NOD) for several claims that were denied, of which one was Chronic Sinusitis (Environmental Hazard Gulf War).  Following new legislation for burnpits I was granted 10% for Chronic Sinusitis and received retroactive pay.  In addition to my VA letter for Chronic Sinusitis the VA sent me another letter for a rating increase PTSD retroactive 2004.  I guess while they were reviewing my file they came across an error.  The retroactive pay was a very nice surprise.

Here is the Reason for Decision 

"On May 2004, we received your claim for service connection of post traumatic stress disorder. The rating dated November 2004, granted service connection with an evaluation of 10 percent from May 2004.  We received your notice of disagreement on May 2005, and election of the Decision Review Officer process on May 2005.  Rating decision dated September 2013, increased evaluation to 30%  from October 2012.  Rating decision dated March 2015, increased evaluation to 50% from July 2014. This decision is a result of your election of the Decision Review Officer review process."  

Please note: you will receive notice of a decision on the remaining appeal issues at a later date.  (these are the other issues that were denied in 2003).

It appears my NOD of was never reviewed by a Decision Review Officer.  To be honest I just assumed my NOD was lost or ended up in a bottomless pit. I am very thankful the VA corrected this error and I hope VA continues to do their due diligence for all Veterans. 

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pacmanx1
pacmanx1

Congratulations!!

Mr cue
Mr cue

Ok this is call a appeal that was left in pending status. This is how I got 8 years retro tdiu. It sound like the ro never cretifed the appeal to the board. After the nod. So it remain

Mr cue
Mr cue

They don't call this a cue. Because there is no final decision that was made on the appeal from 2005. If they grant any of the issues the effective dates for those issues will be 2005.

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GulfWarVet1990 Contributor

GulfWarVet1990

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Exactly Broncovet, I hope you were able to get it resolved.  I will send a status update when I hear from VA about the remaining decisions. 

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GulfWarVet1990 Contributor

GulfWarVet1990

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I forgot to add the letter also stated

“This is considered a partial grant on appeal as the maximum evaluation was not assigned. A State of the Case will be prepared and sent under separate cover”. 

Can you please assist as I am not sure what this means and if there is any action I should take. Thanks so much.

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pacmanx1 Grand Master

pacmanx1

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6 hours ago, GulfWarVet1990 said:

“This is considered a partial grant on appeal as the maximum evaluation was not assigned. A State of the Case will be prepared and sent under separate cover”. 

I think this means or you mean: VA Statement of the Case: How to understand what VA is saying.

VA Statement of the Case: How to understand what VA is saying | CCK Law (cck-law.com)

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Berta Grand Master

Berta

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Please redact your C file #, name, address, when you get the SOC and attach it here and we can help more.

This is Outstanding News!!!!!

Did this mising NOD award come from  RO HLR?

 

 

Edited by Berta
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