Reconsideration Or Nod

[donh777]

I filed a reconsideration request in Oct 2010. Should have filed a NOD because no action taking on reconsideration. Have had 6 C & P exams with only 2 concerning IVDS lower back and major depression which were both in Jan 2011. Then came more for heart, breathing and chest x-rays in May and June. IRIS kept saying decision was ready to be made but had to file the Nod when another C & P in mid October could not be completed by my 1 year time frame to file the NOD. Now e-benefits say new claim re-opened. So be sure and think about Reconsideration filing. My VSO advised to file the reconsideration and I did. They reduced my 40% for lumbar ivds to 20% and made it effective on day of c & p in sept of 2010, No notice just reduced my pension and then I didn't have the 70% necessary for IU which they denied on those grounds. Had 50% for the major depression. So my wait will continue for a while longer.

[sharon]

I filed a reconsideration request in Oct 2010. Should have filed a NOD because no action taking on reconsideration. Have had 6 C & P exams with only 2 concerning IVDS lower back and major depression which were both in Jan 2011. Then came more for heart, breathing and chest x-rays in May and June.

If no action was taken why are you having C&P exams? It looks as if they are working on the reconsideration, they are just working slowly. Did you send in medical evidence with the reconsideration? Otherwise it is a reopened claim.

IRIS kept saying decision was ready to be made but had to file the Nod when another C & P in mid October could not be completed by my 1 year time frame to file the NOD.

You were correct to file a NOD within the one year time limit. They should still be working your reconsideration. You can have them both going at the same time.

Now e-benefits say new claim re-opened. So be sure and think about Reconsideration filing. My VSO advised to file the reconsideration and I did.

They reduced my 40% for lumbar ivds to 20% and made it effective on day of c & p in sept of 2010, No notice just reduced my pension and then I didn't have the 70% necessary for IU which they denied on those grounds. Had 50% for the major depression. So my wait will continue for a while longer.

In order for them to reduce your benefit they had to either call a CUE on themselves or do a proposal to reduce the condition. If this was not done your service officer should have the decision reversed based on the fact that your never received notification. Read your rating decision and make sure that it was not included.

[JR Reihs]

They reduced my 40% for lumbar ivds to 20% and made it effective on day of c & p in sept of 2010, No notice just reduced my pension and then I didn't have the 70% necessary for IU which they denied on those grounds. Had 50% for the major depression. So my wait will continue for a while longer.

In order for them to reduce your benefit they had to either call a CUE on themselves or do a proposal to reduce the condition. If this was not done your service officer should have the decision reversed based on the fact that your never received notification. Read your rating decision and make sure that it was not included.

You should be all over your SO over this.....how long did you hold that 40% rate before the reduction?

[donh777]

less than 4 years and I have been doing my own work now.

You should be all over your SO over this.....how long did you hold that 40% rate before the reduction?

[donh777]

I filed a reconsideration request in Oct 2010. Should have filed a NOD because no action taking on reconsideration. Have had 6 C & P exams with only 2 concerning IVDS lower back and major depression which were both in Jan 2011. Then came more for heart, breathing and chest x-rays in May and June.

If no action was taken why are you having C&P exams? It looks as if they are working on the reconsideration, they are just working slowly. Did you send in medical evidence with the reconsideration? Otherwise it is a reopened claim.

IRIS kept saying decision was ready to be made but had to file the Nod when another C & P in mid October could not be completed by my 1 year time frame to file the NOD.

You were correct to file a NOD within the one year time limit. They should still be working your reconsideration. You can have them both going at the same time.

Now e-benefits say new claim re-opened. So be sure and think about Reconsideration filing. My VSO advised to file the reconsideration and I did.

They reduced my 40% for lumbar ivds to 20% and made it effective on day of c & p in sept of 2010, No notice just reduced my pension and then I didn't have the 70% necessary for IU which they denied on those grounds. Had 50% for the major depression. So my wait will continue for a while longer.

In order for them to reduce your benefit they had to either call a CUE on themselves or do a proposal to reduce the condition. If this was not done your service officer should have the decision reversed based on the fact that your never received notification. Read your rating decision and make sure that it was not included.

says in e-benefits that (in developement phase). I did ask about cue on the reduction because of no 60 day notice. I mis-stated, should have said no final action taken on reconsideration decision before the 1 year time limit.. Yes sent in additional doctors reports and also pointed out that they had reports from 2 doctors of which 1 was VA service provider that showed over 6 weeks of bed rest due to those epidural shots. This was completely ignored in this decision. Oct 12, 2010 decision says monthly entitlement for 70% (50% + 40%) effective May 1, 2010 and reduced on sept 15, 2010 to 60% which knocked me out of consideration for IU.