Jim,
I just discovered your website and I'm thankful that I did. Based on what I've read there, it seems that my VSO at the DAV gave me bad advice on appealing my VA disability decision and I'm interested to know your guidance:
1. My one year anniversary of receiving my VA Claim Decision letter is 2 May 2013. The VSO advised me to send in a VA Fm 21-526B, Supplemental Claim for Compensation prior to 2 May with the 2 years of medical records I've accrued regarding my claims since I retired. If I do that, have I then effectively given up my right to appeal with a NOD? Or will the Supplemental Claim push out the 1 year deadline for a NOD until the new review is complete?
I appreciate any insight you can give me. Thank you very much,
Reply:
I can't say that I've ever seen the VA Form 21-526B used. I've been aware that it exists but I don't really know why.
Yes, if you were to submit this form rather than a formal appeal, VA may very well say that you haven't appealed in a timely manner and you'll lose the original effective date of your claim. If you read that form carefully, it doesn't have anything to do with appealing a denial. To "reopen" a previously denied case isn't the same as an appeal. Once the one year limit is reached and passed, the claim is considered closed. Only then would you think of using the VA Form 21-526B but it would be a new claim, not an appeal of a previous claim.
Your message to me is problematic. Why have you waited this long to appeal a denial? If you have 2 years of medical records that VA hasn't seen, why haven't those been submitted?
In any case, I have to advise you that you need a veterans law attorney. Before you begin to search for an attorney to represent you, you should immediately file a NOD to ensure that your appeal is within the window of opportunity to appeal. It appears to me that you have about 25 days to get that done. Please read http://www.vawatchdog.org/how-to-appeal.html
To file a NOD shouldn't take but a few minutes of your time. Once you've done that, please read http://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html
It's worth noting that you do not have to notify your VSO of any of the steps you're taking. If an attorney will take your claim, the details of the Power of Attorney (POA) that you gave the VSO will be worked out later.