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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26160
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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psimmons-second question to your answer. My claims denials

Customer Question

psimmons-second question to your answer. My claims denials were made in Feb. & March 2013...is'nt it too late to file
a Notice Of Disagreement now ? If so then
should I get going on an appeal thru my Vet Services Officer ?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

You have 1 year from the day of the denial to disagree. So if your denial letters were issued this year (you say Feb. & March 2013), you are fine

If you go past one year? Then you are in a tough spot...after one year you can only reopen with new material evidence)...so make sure you file before that one year anniversary


P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26160
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

I was told that I had only 60 days to formally disagree from
the notice of the denial, but it was a year to file an appeal ?

Which is it please ?

Expert:  P. Simmons replied 1 year ago.
1 Year. One year from the date on the front of the Decision Letter. The appeal (Notice Of Disagreement - NOD) must reach the VA within one year of this date.

Period.

If you get the NOD in on time, the appeal rights are preserved. IF not, then not.

Customer: replied 1 year ago.

Your last answer is still unclear to me. A Notice of Disagreement is not


the same thing as an official Appeal right ? So...are you saying I have a full year to file either one or both ?


 


I have already filed a Letter Of Complaint. But no response yet.

Expert:  P. Simmons replied 1 year ago.
The official appeal is Form 9. You typically file this AFTER the DRO (decision review officer)

So it depends on where you are in the process

The timeline runs like this

1. The VA provides decision letter (decides your claim for benefits).

2. You have 1 year from this date to disagree with the decision (this is the NOD). In this you request the DRO (decision review officer) to review the file.

3. After the DRO decision, if they continue to deny the claim, they will provide you with an SOC (statement of the case). At this time the next step is to file the formal appeal to the BVA. This is Form 9. You have 60 days from the day you receive the SOC to file the form 9 OR 1 year from the date of the original denial letter, whichever is later.



Customer: replied 1 year ago.

Your answer is still not clear. I understand you to say that I have afull
year to file a Notice Of Disagreement and/or one full year to file an
an official Appeal...the two are not the same thing right ?

Expert:  P. Simmons replied 1 year ago.
Sorry...I think the confusion is with the terms

Let me try again by asking you a question...you say your claim was denied a few months ago.


Was this denial of the claim? Or was it a denial of your disagreement?

That is, did you file a claim years ago, then they denied your claim, then you appealed and they denied that a few months ago?

OR did you file a claim a year or so ago and just now got the denial?

Customer: replied 1 year ago.

Filed claims 2-3 years ago. Just received denials this past


February & March...3 months ago. Have NOT filed appeal, have NOT


sent Notice of Disagreement...I have sent a Letter


of Complaint.

Expert:  P. Simmons replied 1 year ago.
Thank you

Sorry for the confusion

The 1 year applies from the original denial letter.

The 60 day applies from the statement of the case

SO if your original denial was this year? You have one year from that date to file a notice of disagreement

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