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Va Form 21-0958


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11 replies to this topic

#1 asknod

 
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Posted 16 May 2013 - 04:31 PM

Hot off the presses. From now on, this is the form to file your NODs with.  USB Allison "Wonderland"Hickey told me so herself. 

 

http://asknod.wordpr...1-0958-from-va/

 

It's so new, they don't have a .pdf fill out version yet. You can download it and fill out by hand. Be sure to write in insanely small letters with a burnt out ball point pen so they'll need a magnifying glass to read it. 



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#2 Slowlane

 
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Posted 16 May 2013 - 04:55 PM

Love it!!!!!!!!!

 

Be sure to write in insanely small letters with a burnt out ball point pen so they'll need a magnifying glass to read it.   AARRRGGHHH

 

Dont forget coffee stains, dried drool and stool samples.



#3 manning01

 
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Posted 16 May 2013 - 08:00 PM

Here is the .gov link to the PDF version of the form you can fill in on your computer. I assume it's the most recent verison but for some reason it's not on the va forms site I had to find it on the GSA reginfo government site.

 

http://www.reginfo.g...001&icID=202598


Edited by manning01, 16 May 2013 - 08:03 PM.


#4 asknod

 
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Posted 16 May 2013 - 10:39 PM

While I wish to thank you for posting that, sir, it doesn't offer the opportunity to make life miserable to the VA pukes we have to do battle with. 



#5 carlie

 
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Posted 17 May 2013 - 06:57 AM

For me, neither link is working.



#6 71M10

 
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Posted 17 May 2013 - 09:33 AM

Well maybe with a structured format, they will have a better chance of actually addressing your appeal?



#7 71M10

 
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Posted 17 May 2013 - 09:38 AM

I see they worked that false claims warning in at the bottom.  Funny thing they don't put a advisory at the top of the form informing the VA employee who receives it about the illegality of shredding or throwing away veterans claims?

 

This might be actually fun!  I will have to watch the explatives and coloful adjectives I use in the the description blocks.  But it looks like there is enough room to actually work in the 38CFR regerence that they ignored for each item.

 

Best regards,



#8 asknod

 
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Posted 18 May 2013 - 02:55 PM

Here's the buzz on the attorney wire. All contributors' names are redacted but are brand name VA law dogs. Should you desire their names, please private message me and I will divulge them. I normally do not share emails but this is an exception:

 

Atty #1

 

 

If you haven't seen VA's newest form for a NOD, take a look at it (I'll send it to you if you want...). See page 2, where VA asks if they can call the veteran. I weighed in on it on VAWatchdog.org this morning too.

 

VA's unannounced but revised policy to call represented veterans makes total sense now... I hope NOVA is doing something about this as well (since my petition challenging it got denied last month...).

 

 

Atty #2

 

My two cents on this issue:  in addition to the curious phone "contact" issue, the form far exceeds the regulatory requirements for a NOD and to the detriment of the claimant.

Indeed, it contorts those requirements and creates a new burden on the claimant to identify every issue on appeal AND the rating for those issues.  There is no ability to simply state "I disagree with all decisions in the rating decision" (even the VA Form 9 has this), so claimants will clearly be held to ONLY the issues/ratings identified in the NOD.  It is also unclear to me where/how you can identify a disagreement with an effective date or anything other than a rating.

Claimants need to be advised NOT TO USE THIS FORM -- the form itself states that it is NOT mandatory.

In my view this is a substantive change to the NOD regulation and it should be subject to formal rulemaking.

 

 

Atty #3

 

And a new low for VBA and the VSO’s.

 

I agree, the NOD form should have been the subject of rule making.

 

But a form that the computer can recognize is not a bad thing.

 

Use the form, just type in “see attached” and use your normal pleadings.

 

A form closer to the VA-9  with an “all issue” default would be more appropriate.



#9 71M10

 
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Posted 20 May 2013 - 12:10 PM

Decided not to use the form since I am already in Form 9 land.  I hadn't considered the negative aspects of the form.  I do see where it could easily be used to populate a database and list out contentions.



#10 asknod

 
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Posted 21 May 2013 - 10:52 AM

I have a gal I'm mentoring who has been assiduously assembling her claim to the specifications of my book. She "pre-filed" to preserve her date and then assembled everything in the interim. With 9 days left to go, she submitted it all to the RO in person and the VA greeter assured her it was perfectly in order. John the Greeter also made the dry comment that the boys upstairs in ratings were going to be a little put out to see these three huge notebooks. He dutifully date stamped them and said she was good to go. Now she gets a new letter back saying "The form you used for your Fully Developed Claim is no longer valid. You must use the newer claim form. Please resubmit one." She did and the form letter she got back says her "new" claim date is May 13, 2013----not May 6, 2012.

 

If this isn't classic bait and switch in the nonadversarial, Veteran-friendly Mr. Roger's neighborhood, what is? Another claim that will end up in DC on Appeal over a "misunderstanding". The BVA, of course, will overrule the RVSR's stupidity but that shouldn't have to happen. This gal has been pounding the keys for a year to get this just right and VA kicks her teeth in over a form. And the National media can't figure out why 

 

a) 22 Vets commit suicide each and every day

 

b)53 Vets die waiting for their claims to be adjudicated every day.

 

Helloooooooooooooooooooooooooooooo? Just as an aside, if VA employees had to wear uniforms like the USPS, there would be many a hate crime perpetrated on them.



#11 asknod

 
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Posted 23 May 2013 - 12:08 AM

I knew it. They had to come out with a How to for DROs on 21-0958...

 

http://asknod.wordpr...tions-for-dros/

 

21-0958 instructions for DRO dummies. Gee, I don't know. Calling up a represented Vet? Isn't that back door tampering? Legally, seems you'd have to go through his rep. 



#12 bhoward422

 
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Posted 10 June 2013 - 09:22 PM

For me, neither link is working.

I have goggle this form and printed copies.






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