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Question On A Nod Or Reconsideration With My Claim For Iu

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oldman273

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Well here it is. I put in for IU for DDD and Hypertensive heart disease. I got turned down but no big deal since the VA did not look towards my back as I just had a C/P last year. I am at 80% with a 60% and 30% and several other 10%. What would you guys suggest as the last VA MRI done last month shows Artheritis, Stenosis, 2 bulging disc and the very bottom disc I had worked on 3 years ago as "Severely Deteriorated" Nerve dammage in feet legs and hands all supported by the MRI and a Civillian Nuero who has put it in writing that I will forever be with my back giving my problems cause of the DDD. I have already looked up case law supporting my claim got copies to show my Rep Tommorow but I do not know what to ask for? I know that I felt screwed but it is not the first time dealing with the VA. I appriciate all your help but what has screwed with me the most is that several people I have talked to have said that their backs have give them hell from the time they had surgery I have had one surgery all ready but if any of you have had the back problems give me your thoughts. Hope I get some good ideas on what I should ask for a reconsideration or a Nod?

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I currently have an increase claim in process for my back. I'm recovering from a laminectomy at the L4,5 level that required 2 surgeries 3 weeks apart. I've been out of work for almost 8 weeks now. I haven't even got the temporary 100% convalescence yet. I'm SC'd for sacroiliac disfunction at 30%. I submitted everything a month ago and just got a delay letter. I'm trying for an increase and for them to add my spine as an additional SC. They have all my records. I even quoted the 38cfr4, 4.66 which states,The lumbosacral and sacroiliac joints should be considered as one anatomical segment for rating purposes. This should be very easy, however, it seems like the belt has tightenened everywhere. I need to get this done so I can apply for TDIU. I can barely walk. I have to continue working until I get the TDIU.

It seems to be a viscious cycle. There is nothing easy about these processes. I totally wish you luck!

Thanks I had had a Lamenectomy on the L5S1 years ago before I could perfect my claim. I went into my VSO county office and he was familliar with the claim. He was surprised when I showed him the claim I had found where the exact conditions I have where the person who filed the claim had a rating for 60%. I will find the case I found at VA.Gov under past cases at the BVA. I hope my case does not go that far as I have one for Bilateral Knees that has been up there for four years. I do appriciate the infromation I myself am going to think long and hard as a fusion which will occur naturally from what the Civ nuerosurgeon told me today. I think from what he said about stenosis being considered in my case which the VA of course denied LOL. I am going to try and figure out what the exact wording is and I hope I can get this claim down and get it over with. Thanks again for your experience and I hope you get some relief from the pain. I am walking like an old man dragging my leg some time. My little girl told me that she wished I could play with her like other people do. That is the sad part about back problems it affects the whole family. Adios and thanks...

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Reconsideration is used only at the Board of Veteran Appeals.

You need to appeal. Anyone that has done claims know this. Also, no one can tell you how long a claim at the BVA will take. If one person had it take four months, that was that person. Your could take years depending on the circumstance (such as having a person appearence before a judge).

You still have your appeal rights if you don't get the decision you want on the reconsideration. The reconsideration usually takes about four months.
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You still have your appeal rights if you don't get the decision you want on the reconsideration. The reconsideration usually takes about four months.

Be sure to remember that the time clock for your NOD is still ticking while you've filed for reconsideration - do not allow your NOD time to pass by while you wait for an answer on reconsideration.

jmho,

carlie

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Reconsideration is used only at the Board of Veteran Appeals.

You need to appeal. Anyone that has done claims know this. Also, no one can tell you how long a claim at the BVA will take. If one person had it take four months, that was that person. Your could take years depending on the circumstance (such as having a person appearence before a judge).

etihwr - anytime you have received a decision from an RO and you have new medical information that was not reviewed during that decision you can ask for a reconsideration. As long as one keeps in mind that while the reconsideration is pending his/her appeal time line continues to run {concurrently}

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Reconsideration is used only at the Board of Veteran Appeals.

You need to appeal. Anyone that has done claims know this. Also, no one can tell you how long a claim at the BVA will take. If one person had it take four months, that was that person. Your could take years depending on the circumstance (such as having a person appearence before a judge).

I know I can file a NOD before the year of the date of denial is up, but I'm still a little hazy about when to use a "request for reconsideration". Does it always reguire new evidence or can you also just point out evidence already in the C-file that, ( in my case the DRO appears to have overlooked ), and get a SSOC?

Also, does requesting a reconsideration always mean you are reopening the denied claim?

In my case, I'm asking for a reconsideration not on the grant of service connection, but only of the effective date of the grant of SC so it doesn't seem I'm dealing with a denial.

Hope someone has some tips.

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I know I can file a NOD before the year of the date of denial is up, but I'm still a little hazy about when to use a "request for reconsideration". Does it always reguire new evidence or can you also just point out evidence already in the C-file that, ( in my case the DRO appears to have overlooked ), and get a SSOC?

Also, does requesting a reconsideration always mean you are reopening the denied claim?

In my case, I'm asking for a reconsideration not on the grant of service connection, but only of the effective date of the grant of SC so it doesn't seem I'm dealing with a denial.

Hope someone has some tips.

militaryn,

What does the Rating Decision state in the Reasons and Bases regarding the Effective Date ?

What and Why is your disagreement with that date ?

carlie

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