Very Handy Pamplet

[63SIERRA]

This simplifies the claim and appeals process its easy to understand. I put it on my desktop for future reference .

http://www.bva.va.gov/docs/Pamphlets/010202A.pdf

[meghp0405]

validates my comments earlier when I stated that the VA is doing away with the "reconsideration" route. A veteran receives a rating decision and is not satisfied, the NOD is the next route.....

[free_spirit_etc]

Thanks S63!

[Notorious Kelly]

I like the easy to understand format - good info, Sierra!

[GatorNavy]

A reconsideration (or re-opening of a claim before the year is up to submit a NOD) has been a useful tool for me (ONCE). IT is not an appeal perse but a statement to the effect that the VA should have more evidence that will influence the original decision. It is a process that I feel deviates from the norm and should be used only under special circumstances. However, it can be useful and get some bucks sooner than later. Worked for me anyway, When I started my other claim; I actually fired my VSO because he submitted a recon which I knew would go nowhere and just eat up appeal time that would delay my benefits. Been on my own since then with a little help from my friends.

On one of the denials I actually submitted some "new and material" evidence that would have made it very difficult for the VARO to keep denying the issues. However, I filed the reconsideration within a month after I received the original denied decision with the new and material evidence. I ended up SCing a secondary and bumping up the total from 40% to 80% in about six months time. Since then I have filed a NOD and after the SOC; filed the form-9 and now awaiting a BVA hearing

Gator

[63SIERRA]

well what happened to me I filed the NOD, thinking it would signal an appeal. I wait a few months, check ebennies, no appeal on status. I call DAV rep, and ask what is going on and why they dont have my case on appeal. DAV rep informs me that the requested a REOPEN of several denied claims, but not all. He seemed quite confident in his plan. that was MAY of last year. So what im going to do is hold tight, until around march of this year, im watching the calender. If they dont make a descision on the reopen, by march, im likely going to first request a Appelate review, by asking for a soc and file a form 9 at the same time, (ive requested the codes they used to initially deny my case and theyve ignored my request),, and write a nastygram telling them they have molested my case long enough, the love is gone, and we are parting ways. then I will get in line, to go see the wizard.

[63SIERRA]

validates my comments earlier when I stated that the VA is doing away with the "reconsideration" route. A veteran receives a rating decision and is not satisfied, the NOD is the next route.....

heres the thing though Megp, NOTHING seems to be written in stone at the VA .It is a fluid institution, . They dont follow laws, they dont follow procedure, they dont follow regulations, so why get all wrapped up, in worrying abt trying to appease them by walking the line , trying to ride the rails of the crazy train that they are on, when they dont. I say, do what helps your case.

As long as it is a PRO SE system, its really a free for all of madness and negotiations. Its basically a system of contradictions UNTIL you go before a judge, in an appealate process. And even then, he might send you back to never never land, to the same clowns that goofed your claim in the first place. its madness I tell ya,