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. 

[Mr cue]

49 minutes ago, pacmanx1 said:

they will call it an unadjudicated claim and try to complete it.

Well see this is are problem.

But they seem to have got it right in the poster case.

Ok say you apply for mental health 1900. Lol 

An you nod it 1900. And the regional office never cretifed it to the board.

It remain pending in appeal status.

Ok 2022 you apply for mental health and the bva granted it 100% effective date 2022.

Now they find out that the appeal has been pending since 1900.

It is final now because you have a appeal decision.

It is nothing more than granting the effective date 1900.

See I fought the stage rating thing back in 2000.

At the court I was going to take it to federal court.

I just let it go there a big thing at the court about this but I choose to let it go.

If appeal remain pending

And is later granted by a  appeal body which includes the dro and the board.

The pending appeal become final.

Now in the poster case it seem there were not decision made on the other issues.

That why they are adjudicating them.

But the mental health they granted it back to 2004.

Because there was a appeal decision made.

Edited February 28, 2022 by Mr cue

[GulfWarVet1990]

Thank you all. How long did it take once VA discovered your claim was not adjudicated. I hope it does not take 12 - 18 months. 20 years was long enough. 

Unfortunately, my written NOD is one thing I am unable to locate. 

[pacmanx1]

On 2/28/2022 at 4:34 PM, GulfWarVet1990 said:

Thank you all. How long did it take once VA discovered your claim was not adjudicated? I hope it does not take 12 - 18 months. 20 years was long enough. 

Back and forth from the VA to BVA to VA to the BVA and then to the CAVC and a few more times between the BVA and the VA, (I know the hamster wheel). Since my original claimed filed about twenty-four years but yours should not take that long. Yes, even with the twenty years the ball is rolling but, in my case, it is a little different. Mine is different because, I have been constantly appealing but yours has just been discovered and the VA is working on it. 

Actually, yours is a good thing. The VA found your claim and began processing it. Even though it took twenty years the VA began the process on their own. In my particular case. My original claim was filed and denied in 1998 and I immediately filed a NOD. This NOD was lost, and I reopened my claim around 2005 and again it was denied, and I immediately filed a NOD. This time the RO processed my NOD, and it went to the BVA where they remanded it and the RO continued to deny my claim and sent it back to the BVA where they decided to continue to deny my claim. I had a VSO at the time, and he told me there was no way to win so I fired him and got a lawyer. My lawyer filed a claim with CAVC (Court of Appeals for Veterans Claims), and they did a joint remand where they sent my claim/appeal back to the BVA where the BVA did a straight grant.

Unfortunately, the BVA, when they did my straight grant, they did not assign an effective date or a rating percentage and remanded my claim back to the RO. The RO lowballed my original rating percentage, so I filed a third NOD, and the RO increased my rating but assigned it an effective date of my third NOD. I filed a fourth NOD, and the RO decided to reduce my rating that they just increased and assigned it the dated of my fourth NOD. I then filed a fifth NOD, and this NOD, went back to the BVA where they decided to review my entire records to see what I was referring and talking about. In each NOD, I kept asking for either a correct effective date or a correct rating percentage. So, the BVA actually granted my correct effective date, ordered the RO to restore my improper reduction (appeal claims have their own protection) and ordered the RO to review my entire record to determine if my initial rating should have been rated higher.

Now please understand, during this entire process I was not rated 100% scheduler P & T and this particular rating is separate and different and not included in my 100% P & T scheduler rating. Since this claim was filed prior to my 100% rating, I figure that I was still entitled to the correct effective date and rating percentage. As of today, I was awarded my correct 1998 effective date and I am just waiting for the BVA to make a final decision on my rating percentage.

Edited March 2, 2022 by pacmanx1