More help from Maurice…
We’ve mentioned a few times how important deadlines are when you’re going through the appeals process on your VA disability claim. After all, you could do everything right, have all the necessary evidence assembled, and have all the forms filled out properly. But, if you miss a deadline, all that work is for naught. So we can’t emphasize enough the importance of keeping an eye on all the important deadlines in your appeals process.
An issue that’s come up recently is when the countdown actually starts. You probably know that you have one year to file your Notice of Disagreement (NOD) but when does that year actually begin? It used to be a fairly simple date to find:
The VA formerly delivered a very clear response to a veteran’s initial claim with a cover letter that said “Ratings Decision” along with a date. That date (or the date of the cover letter accompanying the Rating Decision) was the starting bell for the one-year deadline.
The VA, however, has changed the format of their “decision” letter. It now looks like this:
As you can see, there is no longer a clear heading that reads, “Rating Decision.” Unfortunately, this has led to some confusion as to whether the clock has started on the deadline.
Make no mistake, the clock is most definitely running. Even though that nice “Ratings Decision” heading (along with a date right underneath that heading) is no longer a part of the VA’s decision letter, this is their legal response to your claim for service-connected disability and the deadline for your NOD is counting down. Unfortunately, to find the start date and to figure out the corresponding deadline, you have to scrutinize this new decision letter more closely. There is usually a date stamped some place on the letter. You count from this date. If there is none, we suggest that you save the envelope the decision came in–assuming that it is clearly postmarked. If you have lost the envelope (or the postmark is not legible), we recommend that you write a letter to the Regional Office issuing the decision letter–enclose a copy of the undated decision letter–and request the VA to tell you the date they have in their records as the date it was sent to you.
If you’re at all unclear as to whether you’ve received your actual Ratings Decision or whether the countdown for the deadline for your NOD has started, then please seek qualified legal assistance. This is too important to lose your right to appeal because of a missed deadline. If you need help with your case, feel free to call upon us at The Law Offices of Maurice L. Abarr for a no-cost initial consultation.