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A different NOD dealine rule applies for simultaneously contested claims.
Therese are claims where opposing claimants are competing for the same benefits.
If a claimant does not file a NOD or new and material evidence within the required one-year period, the claimant can pursue benefits by filing a new claim at the RO.
A new claim filed after the one-year NOD time period expires can allege that the prior decision to deny the claim is incorrect because it contains “clear and unmistakable error” (CUE). If the evidence supporting the claim is sufficient and the issues are clear, submitting the NOD immediately is the better strategy because it will start the claim moving through the appeal process immediately and protect against the NOD one-year filing deadline.
When the last day falls on a weekend or holiday, the period ends on the next workday.
The VA uses a legal doctrine called “.” This means that “if a letter properly directed is proved to have been either put into the post office or delivered to the postman, it is presumed, from the known course of business in the post office department, that it reached its destination at the regular time, and was received by the person to whom it was addressed.” It is recommended that you send your NOD with some form of proof of mailing.
Over the many years in practice as a veterans disability lawyer, we have realized that there is a lot of confusion in the veterans population garding what to do when the VA denies your claim.
The date is calculated by excluding the first day and counting the last day.
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.
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.