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Bonzai

Nod & De Novo Review Vs Reconsideration

30 posts in this topic

I have tried looking this up, but I am getting confused.

What is a De Novo Review?

What is a Request for Reconsideration?

Is a Notice of Disagreement (NOD) automatically one or the other?

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A claimant can file a Request for Reconsideration within the one year NOD time limit.

BUT this does not stop the NOD clock.

VA may or may not act on the Reconsideration request.I filed one and then filed the NOD with only days left (I marked my calender) as the recon request still produced no acknowledgement of my evidence.

Then the VA sent me a letter asking if I had filed an I-9 already (which at some point I did-you would think they knew that)and sent me another letter which I forget what it said-

then the BVA awarded my direct SC death claim and this changed the entire aspect of the Recon claim.

It is rendered moot as soon as the VA makes a SMC consideration.I had to write to the RO and explain that to them and tell them that although the I-9 has been filed, they cannot send this claim to the BVA without consideration of the recent BVA award letter and a proper award letter from them-in compliance this time with the BVA award.

You need evidence for a Reconsideration Request that they have not seen before or listed as evidence-

or you need to prove that the evidence they had was not properly addressed.

For Reconsideration Requests of CUE claims, you need more legal evidence.

It can make things go faster but that is few and far between.

De Novo means a 'new look'- a DRO reviews the claim after a denial has been made and a DRO de Novo has been requested.

The DRO job description helped me to get them to CUE a decision as it was not followed correctly by the DRO.

It pays to read their job description here at hadit-if you request a DRO review.

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I think that the DRO review process catches a lot of errors that are CUE in nature, without the veteran actually calling the claim by that term literally.

I avoided that term with a couple of veterans I've worked with recently, whose denials were overturned by the DRO. I argued legal points, not medical ones. The evidence was there, and in the end, it was in fact a CUE claim without calling it that.

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Since the DRO I had was the VARO rater that denied the claim. It simply got rubber stamped with the same SOC.

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Since the DRO I had was the VARO rater that denied the claim. It simply got rubber stamped with the same SOC.

Allen, Me thinks I have been rubber-stamped as well. Almost verbatim on the de Novo Review decision as was in the original. Stinks, huh?

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If I had doubts I would file a NOD and ask for a DRO Hearing. This has worked for me. If you lose at the hearing you can appeal to the BVA.

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