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Yes I filed a NOD; it's gets confusing.
I already filed my claims with VA in 2006 -2007, after that the state put me in to a MEB.
After the MEB started I was put in to the pilot program. So for anything the VA previously denied me for the VA continued to say no.
This is even after the Army MEB and PEB concurred I had boh conditions and was unfit to continue service and both conditions are service connected.
PEBLO ans AMVETS don't know what I can do other then appeal through the VA board of appeals.
I already filed my claims with VA in 2006 -2007, after that the state put me in to a MEB.
After the MEB started I was put in to the pilot program. So for anything the VA previously denied me for the VA continued to say no.
This is even after the Army MEB and PEB concurred I had boh conditions and was unfit to continue service and both conditions are service connected.
PEBLO ans AMVETS don't know what I can do other then appeal through the VA board of appeals.
Maybe one of the attorneys on the forum can look at this but I am wondering if you may have a legitimate "clear and unmistakable error" or CUE claim. Seems like this is a Catch 22. I am not at all surprised that the VA reps cannot figure this out since the are focused only on VA statutes and I don't think they have the experience much less the desire to wade in to the pilot program. This issue of the pilot program and relationship to Vet Service Organizations has been quietly boiling beneath the surface for some time.
You do have the right to request a DRO hearing at the Regional VA office that denied your NOD as well as the right to request a BVA hearing (VA Form 9). I would get a Form 9 submitted regardless of what you decide just to keep the BVA hearing option alive. You can withdraw the Form 9 later if you resolve the issues. I would also ask for a VARO hearing in writing at the same time. I just have a hard time connecting an active VA claim to whatever is going on in the pilot program. It is even more puzzeling that they give you a DES rating and no VA rating. Was their basis for denial service connection?
fdm
You do have the right to request a DRO hearing at the Regional VA office that denied your NOD as well as the right to request a BVA hearing (VA Form 9). I would get a Form 9 submitted regardless of what you decide just to keep the BVA hearing option alive. You can withdraw the Form 9 later if you resolve the issues. I would also ask for a VARO hearing in writing at the same time. I just have a hard time connecting an active VA claim to whatever is going on in the pilot program. It is even more puzzeling that they give you a DES rating and no VA rating. Was their basis for denial service connection?
fdm
I understand. In any case the VA pilot program is new evidence you can present at a VA Regional hearing. I think the VA attempts to settle these issues at the RO level to avoid remands from the BVA. Their tactic is deny and delay hoping you lose faith or get so frustrated you give up. You appear have irrefutable evidence that your condition is service connected so there is a disconnect here but an opportunity for you. I waited nine months for a RO hearing after they denied my NOD. The day before my hearing date the VA RO called me and made a settlement proposal over the telephone. These BVA appeal actions take months or even years as some on this site can confirm but in your case you clearly have the documentary evidence to support service connection and ultimately a Va rating, even if it is 0%. They are making you jump through unnecessary hoops. You should not have to file a new claim to achieve the same results. If your VSO cannot help you you can do this on your own. You just have to be aware of the timeline windows the VA imposes.
Wish you luck.
Wish you luck.