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Q90: Hi, I filed for TBI in 2011 and my C&P was done by a Doctor who denied me in 2013. Then in 2016, I received a letter from the VA stating that I was part of over 24,000 vets who had their TBI examines done my an improper VA person. It stated that the VA would re-process my initial TBI claim if I requested another TBI C&P within 1 year of the dated VA Letter. Well, I ask for the second TBI C&P in Oct 2016. Well, the VA sent me to a Neurologist outside the VA and I was diagnosed with TBI at 70%. However, the VA gave me an award date of 24 Oct 2016. I thought that my award date should have gone back to 2011 (my initial claim date), well I take the VA TBI review letter to the Atlanta Regional VA office and was told it was correct with the award date. Then I turned to the DAV (life time membership), they were going to question the Atlanta Regional VA Office twice--nothing happen. Now the year is up and I feel the VA screwed me. The initial 70% would have given me a 2011/2012 100% P&T vs 2014, plus back pay. First, am I correct in my thinking and two, is there anything I can do since my year is up to do NOD or an Appeal. It just does not feel right!
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A1: First things first. The one year deadline is the line in the sand. Since you missed the deadline to file the NOD, that is it. You can attempt to reopen the claim but you will lose the date of claim. (All of the back pay). Since you did not file the proper paperwork for the first NOD, that is why you lost the original date of claim. (AP) 7/30/18