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Common types of Rating Decisions C & C decisions are issued after the first rating decision when the claimant submits additional evidence that the VA believes is cumulative, not new and material, or unpersuasive, or when the VA believes the new evidence does not warrant a change in the earlier decision.
Deferred rating decisions are issued when the claim is underdeveloped, or incomplete and additional development is required. Regardless, if the NOD involves multiple issues and decisions, “the specific determinations with which the claimant disagrees must be identified.” The VA's new form helps to make sure the issues are specified.
Most decisions are made by an RO and filed at the RO.
However, if the decision relates to entitlement to treatment from a VA medical facility, the medical facility making the decision should receive the NOD.
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.
This article addresses the "how-to" information a disabled veteran needs to file a VA appeal for the denial of benefits.
Multiple Benefit Claims Sometimes claims involve requests for multiple benefits. The agency must include a separate discussion for each benefit denied.
Until a claimant receives a response for each claim that was requested, a claim may remain open.
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.