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Denial for Failure to Prosecute the Claim Two questions should be considered:or a response to the request for evidence is filed in a timely manner after the denial.Rating Decisions Upon receiving notice of the RO decision, you should request the RO’s rating decision or other decisional document upon which the notice was based, if it was not included with the RO decision.A different NOD dealine rule applies for simultaneously contested claims.Therese are claims where opposing claimants are competing for the same benefits.When a request for an extension is not granted, or if “new and material evidence” was not submitted during the appellate period, any attempts after the deadline will be treated as a reopened claim.If the reopened claim is eventually granted, the effective date will not be the date of filing the claim that resulted in the missed deadline.It is a good practice to send the NOD to both the medical facility and the RO because medical facilities are usually not accustomed to processing NODs. The deadline to file a NOD is one-year from the date of the mailing of the VA notice to the claimant regarding the adverse decision The date on the letter notifying the claimant is considered the “date of mailing.” A NOD postmarked before the expiration of the one-year deadline will be considered timely filed.The date is calculated by excluding the first day and counting the last day.
In many Regional Offices, an informal “reconsideration” is conducted upon request for employees of Veterans Service Organizations. If a claimant receives a notice tha the claimant’s records were transferred to another VA office, then the NOD must be filed with the VA office that received the records.Beginning in 2012, notice procedures changed to a “Simplified Notification Letter” that provides less details than earlier letters.Notices should be reviewed carefully to determine whether sufficient details were provided by the VA.For example VA pension benefits as the rightful surviving spouse of a deceased veteran.The adversely affected claimant for a simultaneously contested claim must file the NOD within only sixty days from the date of the mailing of the notice of the decision. If the one-year deadline is missed, the RO decision becomes final and non-appealable.
Until the VA provides a sufficiently detailed notice, a claim will remain open.