Reconsiderations

[FormerMember]

For your information:

https://asknod.wordpress.com/2015/10/23/varo-requests-for-reconsideration/

[Buck52]

I only see the difference in a reconsideration and NOD...

Reconsideration is asking basically that you want them to reconsider there decision...NOD is that you disagree with there decision

as asknod mention

 

 There is a place for reconsiderations in the legal amphitheater but it is narrow and involves extreme circumstances I discussed above. VA's new technique to reduce the backlog by "developing to deny" your claim to hurry it out the door and off the books is not going to aid you time-wise in a request. That advice may not apply to small ROs like Fort Harrison and Sioux Falls where the backlog is not so stupendous. For the rest of us, a reconsideration or a NOD is still an equally slow boat to China. Simply put,  the difference between a NOD and a reconsideration will be one year or more less waiting for an appeal at the BVA if the reconsideration is denied.  Each Veteran, based on the strength and unique facts of his/her claim, is the only one who can decide which path to choose. There is no blanket set rule or advice that covers all of us.

Gagne_14-334.pdf

 

[USAF-Vet]

When the VSR called me from the Oakland VARO June 15, he recommended that I do a reconsideration rather than the NOD we had filed. The VSR stated the NOD would take 3-6 years to complete and the reconsideration would be much faster since I was claiming to have full medical documentation for last 29 years. (which I had to get myself from the Archives and put into the VBMS system via Congressional).

Not sure what route is best, leaving those decisions up to my DAV rep. and congressional aide since they are helping me navigate this minefield.

Ebenefits says NOD, Pending Review since June 15.

[burn2learn]

For me a reconsideration made sense. I saw the reason I was denied and thought new (corrected) evidence would resolve. For me it has taken about 3 months to get the reconsideration completed to the point of "preparation for notification" today. I'm in a financial hardship and struggle with homelessness. 

 

I have hope and don't think I lost much time. My next step regardless of findings is to order my "c" file, seek out an attorney, and file a NOD.  Im having a little difficulty on the attorney. The VA web list attorneys in my state, when I reached out to a handful non were doing VA work anymore or maintained that qualification (whatever that is). 

 

I don't have any advice. I will come back and report the result as a learning. My case was expedited so my timeframe is probably not typical.   

Edited October 28, 2015 by burn2learn

[Buck52]

It depends on the veterans circumstances for reconsideration  as asknod mention, asknod has years of the expertise in these type claims  he knows what he is talking about.

 

''Simply finding the word "reconsideration" in regulations doesn't create the obligation. Part 42 that BroncoVet alludes to above is excerpted from a regulation that involves fraud. As such, it is not on point. It does, however, illustrate the existing Motion For Reconsideration(MFR) at the BVA level. The humor in all this from my perspective is simple. Why would you want to wait around for up to a year in the hope that the VSR (not a DRO, mind you) will change his/her mind? If the error was blatant and glaringly obvious, a NOD will still provoke the same de novo review -and from a higher, more seasoned source such as an RVSR or DRO. A NOD will get you in line for a BVA appeal sooner than waiting for a reconsideration that might be denied.

 

Note

(Reconsiderations should be used by homeless/financially challenged Vets who are ably represented by competent legal help. It is a quick pathway to resolving what should be a slam-dunk claim. It can only be advantageous to you if your  housing situation/medical status is precarious. VA will always move these claims to the top for immediate action. Otherwise, Lotzaspotz is dead on. Why wait for a reconsideration (and its attendant de novo process) when you can file the NOD and accomplish it sooner if they deny?''

 

........Buck

[burn2learn]

My claim closed today ( A reconsideration) - A little off topic but does anyone here have experience with monitoring changes in ebenefit benefits summary or letters to see if the % changed? I guess Im asking if the time it closes should i see it reflected in these places or is there a lag. 

Edited October 28, 2015 by burn2learn

[HitemStraight]

I filed  Request for Reconsideration with a CUE attached. The CUE was acknowledged and granted within two weeks, and the initial decision was revised. I had the revised decision in the mail two days later and retro $'s in my bank account the next morning. The retro was for SMC-S back to 2006. So, reconsideration and CUE worked well for me !! But it was an obvious error ....