NOD Appeal Honored Almost 20 Years Later

[GulfWarVet1990]

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. 

[GulfWarVet1990]

@BertaDid this missing NOD award come from  RO HLR?

Hi Berta I am not sure.  I talked with my VSO this morning, he mentioned my file is still under review for other conditions. Unfortunately, no estimated date when I should expect a decision.   When I receive the SOC I will be sure to post a redacted copy.  Thank you.

[Berta]

Thanks- this came before the AMA, and before a former VA Secretary Shulkin changed two regulations ,in the AMA ,when I made a significant legal argument to him ,in writing ,to do that. ( argument - as a legal term). Dr Shulkin still helps veterans!

The AMA made it clear that a CUE can be filed at any time- on any recent or denied, or awarded decision that contains legal error to th claimant;'s detriment.

Also I asked why the VA HLRs cannot seek CUE in decisions before they are mailed out. Both situations would help reduce the backlog.

I have another legal policy situation with VA which, if it works, will make things easier for vets in the system, if they change another policy they have. 

 

 

 

 

Edited February 28, 2022 by Berta
spelling

[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 Open.

And now they have to get you a decision on the other condition that remain open.

 

 

 

[GulfWarVet1990]

Thanks Mr. Cue, on VA.gov appeals via the old NOD process will take 12 - 18 months.  I would hope I would not have to wait that long since the RO never certified my appeal to board almost 20 years ago.  

Is this considered a CUE? Any recourse? I am still learning both old and new VBA process.

[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.

There is nothing to do unless you got more medical records from between 2005-now.

That you feel they don't have I would send them.

Nothing to do be wait on the decision.

 

[pacmanx1]

34 minutes ago, GulfWarVet1990 said:

Is this considered a CUE? Any recourse? I am still learning both old and new VBA process.

At any time, the VA finds missing claims in the record, they will call it an unadjudicated claim and try to complete it. This is how I won a 1998 effective date. Then again, the VA could call it a CUE, you never know until you get your decision. After I was granted/awarded 100% P & T, the VA called me and asked if I wanted to withdraw all my appeals. I said no, I wanted my claims rated, if I had withdrawn my appeals, I would have given up tens of thousands of dollars.