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    • http://www.nbc.com/saturday-night-live/video/copy-machine/n10022 "making copies", the Richmeister the copy machine guy, FWIW, Hamslice    
    • We dont know your PCP, so we dont know if she will help.  But, you need to seek treatment for ED for 2 reasons. First, for your wife, and secondly for the money.  (SMC K).  If you could do the Wild Monkey before the PTSD meds, and the Wild Monkey Dance is gone now, then that is a pretty obvious link.   If you want compensation for SMC K, you need it documented.  So you should start with your PCP.  If your PCP does not have experience/does not treat ED, then you should ask for a referral to someone who does.  
    • I like the ideas of how to safeguard your medical and service records.  I still employ a paper/electronic system.  I like the combo approach with redundancies.  Believe you me it has come in handy several times already and once BVA hearing approaches, well I have a few green cards with the Regional Office and Evidence Intake Centers signature all over it.  Can't deny an item wasn't received if you have a signature to prove it.  Not to give cudos to the VA but the e-filing of claims through e-benefits has not failed me yet, well other than consistent access but you can see and load both ways on submitted evidence.  Confirmation of submission and acceptance are a nice facet.   Still even in this digital world, I would suggest the same in regards to records.  Keep a hardcopy, have one on a drive, jump drive, online server, and for kicks throw a media copy in a safety deposit box.  You never know. The one thing I would suggest with the online methods is to make sure the encryption and back up redundant systems are to your satisfaction and meet new technological standards.
    • Never Had female Doc do a Prostate exam on me...but yeah I agree with the small fingers. I don't testosterone injections  or anything to boost my testosterone level.could try the V pill I suppose but no arousal no errection. I just lost interest in sex...b/c of this ED Problem 2 years ago  no problem, but since I been on PTSD Meds Big Problem. I'll check with my PCP and let her know I wanted to address this personal problem with her and ask if my ptsd meds can cause this?  b/c since I started taking them I lost interest in sex and it frustrates my spouse  but she understands..but its not fair to either one of us.  do you guys actually think my pcp will help?
    • Talk about a Pucker Factor, Vet walks in to his PCP, the Dr Has Catchers Mit Hands with index finger looking like a Bratwurst. NFW, right, stay in front of me Doc. There has to be a She/Dr that could use some Prostate practice. Not a good idea for the Dr or Nurse to do a recheck on your BP, right after the Prostate exam. Semper Fi





rakkwarrior

Appeals Vs Reconsideration

22 posts in this topic

Often veterans become upset with a VA Rating Decision, see the appellate rights and opt for filing a Notice of Disagreement (NOD). This will typically invoke a long and arduous appeals process. Appeals within the VA system often last 2-6 years, not including BVA remands.

A much easier way to continiously prosecute claims is by filing for reconsideration/readjudication of a prior VA decision. Typically, claimants have one year from the date of notification of a VA decision to either file an appeal or request reconsideration of the prior decision with new and material evidence. This is evidence which has not previously been considered and may serve to overturn prior decisions.

If new and material evidence is received within the appellate period for any decision which has not become final the provisions of 38 C.F.R. 3.400(q) would be for application whereas the Court held, "VA must consider any new and material evidence received during the one-year appeal period following an RO decision as having been filed in connection with the claim which was pending at the beginning of the appeal period." See also Rice v. Shinseki, 22 Vet.App. 477 (2009).

Generally claimant's are unaware of the evidence required for a favorable decision, however, a proper VA Rating Decision (VARD) should provide adequate reasons and basis for the denial of any condition. Within a VARD there should be discussion of evidence considered in the service medical records, the evidence submitted, and findings of any VA examination to include rationale of the examiner as to why or why not a nexus opinion is given in regard to service connection.

Equally, the most common reason for a denial is not for lack of in-service treatment, or evidence of a current disability, but the medical opinion relating that condition to service.

Generally service connection requires (1) evidence of an in-service, injury, disease, or event, whic was caused, incurred or aggravated in the line of duty, (2) a current chronic or disabling condition, and (3) a competent medical opinion relating the two to service.

Of the claimant can overcome a VA medical opinion with a competent medical opinion, which is as equally thorough or greater in probative value than that of a VA examiner, then the claim should be reconsidered and granted. This can be accomplished by asking for reconsideration of the prior decision, and effective dates should be assigned accordingly. This technique can win cases in a much faster fashion than electing to file an appeal, which in the send will requires the same type of evidence for a claimant to prevail.

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Welcome to Hadit. In a perfect world the VA would follow its own rules. Like it or not if you don't ask specifically and show VA why the chances of winning in early stages are not so good.

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I certainly agree that a reconsider might resolve a claims issues faster than a NOD.

But that depends on whether the VA will act on the request within the NOD time frame.

I feel everyone filing for Reconsideration should mark their calendar-as the year can slip by fast-to make sure the NOD is filed on time.

I filed for reconsideration and had to send them my NOD within days of the NOD year deadline as they had ignored the request.

Also if the VA made a CUE a veteran can ask them to CUE themselves during the appellate period.But that too still means the NOD clock is ticking.

New and material evidence that would warrant a reconsideration cannot be redundant or cumulative of what they already have.

That evidence could include anything they did not list as evidence on the SOC.

If they don't list it as evidence and opine on it in the SOC, to me it means they ignored it or lost it and it might be critical to the claim.

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I understand there is long back log-especially those claims for reconsideration. Do you have any insight as to the new length of time once a reconsideration claim is with the rating board what the new time frame is? It used to be up to 28 days. Thank you. And again, welcome to this forum.

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Once a claim is reopened within the appellate period, the claim is considered to have been continuously prosecuted. This means there will be no expiration of the prior claim for failure to respond or file an NOD, because in essence, you have and the request is governed by 3.156b, and 3.160.

In my VARO appeals take 2 years for De Novo or Traditional Review, the latter of which is merely a review if the prior decision and is IMHO useless. Reopened claims take 6-9 months currently.

We coomunicate with our VA counterparts to gain an understanding of current workflow, and actively work to streamline our clients claims to be "Ready to Rate". We also use the FDC claim process to expedite new claims and claims for reconsideration with additional evidence.

***FDC claims will not work for issues which have become final and require N&ME to be considered formally reopened, this is due to VCAA notification requirements.***

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Once a claim is reopened within the appellate period, the claim is considered to have been continuously prosecuted. This means there will be no expiration of the prior claim for failure to respond or file an NOD, because in essence, you have and the request is governed by 3.156b, and 3.160.

In my VARO appeals take 2 years for De Novo or Traditional Review, the latter of which is merely a review if the prior decision and is IMHO useless. Reopened claims take 6-9 months currently.

We coomunicate with our VA counterparts to gain an understanding of current workflow, and actively work to streamline our clients claims to be "Ready to Rate". We also use the FDC claim process to expedite new claims and claims for reconsideration with additional evidence.

***FDC claims will not work for issues which have become final and require N&ME to be considered formally reopened, this is due to VCAA notification requirements.***

Re-opened claims-that would apply to clams re-opened for reconsideration? Mine was placed for reconsideration due to missed medical information. ( in AZ) From what I understand from your post I'll expect to get a decision within 6-9 months, not the normal up to 28 days that was previously the norm before the agent orange claims opened up. I had my reconsideration claim sent in October 2010. It went to the rating board in November. Does the 6-9 months commence from the date refiled, or the date once it hits the rating board. Thanks

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