Wow! Talk About Fast Action On My Cue And Nod!

[RockyA1911]

I finally got a response from the IRIS I sent last Thursday asking the status of my July 5, 2005 I/U claim and for them to confirm that they had received both the 8 March 2007 NOD, and 13 March, 2007 CUE.

The response was that my file is being reviewed by the rating board as of 3-16-2007. I called the 800# also after receiving the IRIS response and the guy told me my file had been pulled and is being reviewed by the rating board since 16 March, 2007.

So it looks like I will get some kind of a decision shortly and I did not file a Form 9, just a letter stating Notice of Disagreement and stated what was in error and what it should be, same with the CUE.

Had I sent in a Form 9 with it requesting a De Novo review, I don't think it would be at the rating board right now, it would be processed as an appeal and put in the appeals waiting line.

[Guest RickB54]

So it looks like I will get some kind of a decision shortly and I did not file a Form 9, just a letter stating Notice of Disagreement and stated what was in error and what it should be, same with the CUE.

Had I sent in a Form 9 with it requesting a De Novo review, I don't think it would be at the rating board right now, it would be processed as an appeal and put in the appeals waiting line.

I don't think anyone advocated that you send a form 9 with a NOD. In fact I even indicated a form 9 is only use when your claim is certified to the BVA. I even suggested that a form 9 be used as a cover sheet to a substantial written appeal. I agree with Vike17 I doubt very seriously that you appeal is even being considered at this point. Most appeals are not even reviewed for months sometimes years depending on what regional office is serving the veteran. When the va receives the nod they will notify you by mail that they have it, but even at this point they have not started to work on it. Ae this point, your NOD hasn't even been in the system long enought for the va to have generated the form letter.

[RockyA1911]

Don't know if that is the case or not. I do know that my C-File was just received back at my regional VARO from Cleveland, OH, The Tiger Team, on the 12th of March, 2007. My file is at the Rating Board at my regional VARO as of 16 March, 2007. So it went to the rating board only 4 days after they received it. They received my NOD on the 8th of March, 2007 and the CUE on the 14th of March. I didn't inquire about the status of the I/U until 15 March, 2007 and I was told someone would call me back and they asked the date of which my claim for I/U was submitted.

They already had all the info as to date last worked 27 Feb, 2004, medical opinion from MD stating unemployable etc., They have had all that since 5 July, 2005. My 70% rating given last month is effective, 11 July, 2005. I had a 60% rating prior to that last Jan that the effective date was 11 July, 2005.

I wholeheartedly agree with Vike's last statements and that is just what I did after receiving the rating decsions.

[Guest jangrin]

John999 said,

The VA can go back at one year from the date you filed for IU if you have evidence you were unemployable at that time. Sometimes the VA waits and wants documentation as to exactly when your IU began. They did that with me by demanding to know when I last worked for the USPS. I had to send in documentation to prove my last day at work.

If this is true, then if a person was awarded 100% SSDI back dated a year from the time a person filed for TDIU, than would the VA award one year before the claim was filed? Potentialy that could be a large sum of retro at 100%. How likely is it for this to happen?

Jangrin

[theotherguy]

I'm not trying to be a spoiler here...but I don't think I'd look to far into the fact that the rating board has received your claim for CUE. There is no development required in these situations since the CUE would have to be based on the evidence already in your claims folder at the time of the previous decision. So my question is where else would the claim be held except the rating board?

Edited March 21, 2007 by theotherguy

[Vike17]

Theotherguy,

"So my question is where else would the claim be held except the rating board?"

Normally the Appeals Team. The Appeals Team at each Regional Office has jurisdiction over NOD's requesting a DRO review. Now if the claimant chooses to have his apeeal handled the traditional way, then the C-file generally goes back to the Rating Activity for a SOC to be produced. However, sometimes the Appeals Team will also produce a SOC in this situation, but normally the team that made the prior decision will write the SOC. If I remember correctly Rocky choose a DRO review in this matter.

Rocky still has a claim for IU pending and that's probably the reason why his claim is with the Rating Activity. Also, the VA will normally decide all open issue first before deciding an appeal.

One thing I must say is that a couple of years ago I had a claim that was totally screwed up. I sent in a NOD for the veteran outlining the mistakes, which one of them was the effective date. The RVSR missed a Informal claim and applied the date of his formal as the effective date. Well, the Appeals Team sent his C-file back to the Rating Activity to correct this particular error, but all other issues on appeal were addreses by the DRO. This isn't he norm by any means and I don't know why the DRO did this , but normally the DRO has jurisdiction over issues raised on appeal.

Vike 17

Edited March 21, 2007 by Vike17

[Berta]

Jangrin- in our case here they did this-

gave Rod 100% SC date that was the same as his SSA entitlement date-

it was a year prior to his claim for increase.

If VA used the SSA records (in our case they didnt use his SSA records at all to determine his actual award-but they did use the SSA date)and it was one year prior to the date of his claim for increase.

VA usually will award that extra year if the medical records warrant it.

If not the veteran can NOD the date.

It is hard to say- the VA never made reference to the SSA finding at all- and completely ignored them-

but the VA DID use the SSA date of 100 SC% disability-figure that?

They based the 100% award primarily due to the battery of shrink tests they gave to Rod.

They could have easily consider his CVA brain damage as somehow affecting his levels of PTSD-and then used that to deny higher PTSD rating.

It didnt work.

I listed them here before -there are many tests a good psychiatrist can give that can properly assess a veterans mental and organic brain disabilities and then separate them as to service connection.And these tests can reveal unemployability.