I was.. well way out in left field on this... To be blunt I had misunderstood this for a LONG time... yet another case of where I thought I "knew" something. Anyway, since I have heard it spoken about before, with the same assumption I thought it important enough to start a new thread and post Vike 17's excellent knowlege and answer to my question.
Sixthsense,
I know you weren't complaining, it was just a coment in general and was not intended to be directed at you, or any one inparticular for that matter. You aren't being stupid by any means either!
"So to clarify what I think you have said... a NOD can be filed if it is within one year of the claim date. The 60 days only applies for a formal appeal thru BVA... is that right? So I can file a NOD outside the 60 day window without adding new evidence, or with new evidence... is this also correct"
Yes, the NOD needs to be filed within one year of the rating and the Form 9 must be submitted to VA within 60 days of the SOC or SSOC.
"I have always filed my NOD's as formal written letters, with a letter head, TO: and Subject... then the reasoning what I disagree with, and why in a standard format. Is that the best way, or should it actually be on a "statement in support of claim form"? Even when I do a statement in support, I dont use the form but type a formal letter... is that also a bad thing, or is it ok"
Actually I never use the "Statement in support of Claim." When I write an NOD for someone, it's pretty much the same way as you do yours; the date of rating I disagree with, the decision in that rating I disagree with, and why I disagree with it. I always type a short, simple cover letter when I need to submit actual forms to the VA. Otherwise, I also just type a formal letter too. The main thing is to keep it short and to the point. The Triage Team and Pre-Determination Team are buried in paperwork the way it is, the last this they need is a long rambling letter, when what you want can be shored up in something relatively short.
--------- copy and paste of Vike 17's reply --------------
Like I said, I was wrong about this since.. well forever, and had put it out as fact... you only have 60 days to file a NOD I thought... well I was wrong and I apologize for any harm I may have done in my error...
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sixthscents
I was.. well way out in left field on this... To be blunt I had misunderstood this for a LONG time... yet another case of where I thought I "knew" something. Anyway, since I have heard it spoken about before, with the same assumption I thought it important enough to start a new thread and post Vike 17's excellent knowlege and answer to my question.
Sixthsense,
I know you weren't complaining, it was just a coment in general and was not intended to be directed at you, or any one inparticular for that matter. You aren't being stupid by any means either!
"So to clarify what I think you have said... a NOD can be filed if it is within one year of the claim date. The 60 days only applies for a formal appeal thru BVA... is that right? So I can file a NOD outside the 60 day window without adding new evidence, or with new evidence... is this also correct"
Yes, the NOD needs to be filed within one year of the rating and the Form 9 must be submitted to VA within 60 days of the SOC or SSOC.
"I have always filed my NOD's as formal written letters, with a letter head, TO: and Subject... then the reasoning what I disagree with, and why in a standard format. Is that the best way, or should it actually be on a "statement in support of claim form"? Even when I do a statement in support, I dont use the form but type a formal letter... is that also a bad thing, or is it ok"
Actually I never use the "Statement in support of Claim." When I write an NOD for someone, it's pretty much the same way as you do yours; the date of rating I disagree with, the decision in that rating I disagree with, and why I disagree with it. I always type a short, simple cover letter when I need to submit actual forms to the VA. Otherwise, I also just type a formal letter too. The main thing is to keep it short and to the point. The Triage Team and Pre-Determination Team are buried in paperwork the way it is, the last this they need is a long rambling letter, when what you want can be shored up in something relatively short.
--------- copy and paste of Vike 17's reply --------------
Like I said, I was wrong about this since.. well forever, and had put it out as fact... you only have 60 days to file a NOD I thought... well I was wrong and I apologize for any harm I may have done in my error...
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