Reconsideration

[vet90]

Hi everyone-

 

What is the process to file reconsideration of recent BVA decision.  Evidence from Voc Rehab (letter of infeasibility) supporting TDIU was submitted  7/6/2017  prior to date of decision 7/13/2017. There is no reference of letter in the decision. Are there any cases that I can include when I request a reconsideration? Thanks for feedback.

[VetlawUS]

24 minutes ago, vet90 said:

Hi everyone-

 

What is the process to file reconsideration of recent BVA decision.  Evidence from Voc Rehab (letter of infeasibility) supporting TDIU was submitted  7/6/2017  prior to date of decision 7/13/2017. There is no reference of letter in the decision. Are there any cases that I can include when I request a reconsideration? Thanks for feedback.

If it's a BVA decision, requesting reconsideration is almost always pointless.  It is faster to appeal a denial to the CAVC, as you will invariably get a decision from the CAVC before the BVA "reconsiders"....not to mention, it is RARE that the Board reverses its decision on a reconsideration. (PS....email me the complete BVA decision to vetlaw@attigsteel.com and I can set up a free phone call with you to discuss the strength of an appeal of the denial to the Veterans Court within 48 business hours.)

 

If it is a VA Ratings Decision, read about Reconsideration on the VeteransLawBlog.org - while others debate my position, I have seen far too many Vets get f**'d because they sought reconsideration and the Board or court did not construe it as a NOD, and they lost a lot of past-due benefits. It's heartbreaking, and is why I believe that reconsiderations of VA Rating Decisions are as useful as a pencil sharpener on a fire engine.

https://www.veteranslawblog.org/?s=reconsideration

[broncovet]

Thanks for the answer, Chis.  I think this Vet should reconsider filing for a reconsideration.  lol.  I dont know any Vets that were actually awarded any additional benefits via a reconsideration.  If there are any, please chime in here.  

It seems like res judicata is in play here.  The VA does not want us to keep applying for benefits until we find an extremely Veteran friendly rating specialist who will give it to us.  A final decsion is just that..its final.  We cant appeal a decision that is not final, such as a deferred decision or remanded decision.  Only a final decision can be appealed.  

Absent new and material evidence, a reconsideration almost never works, for reasons I stated above.  The worst part of reconsiderations is that the Vet thinks they filed a nod, and is heartbroken when he finds out differntly.  

[Buck52]

Hopefully he will message or call Mr Attig.

Thank you Chris for chiming in here.

[sixthscents]

Yup, I have never advised filing for reconsideration. I have never seen a rater change a decision absent filing a formal NOD. Great Advise VetlawUS.

 

Again I honestly would never file for reconsideration, and you should always make it clear that you are filing a formal NOD. I have heard it argued that it is quicker to get a decision with a reconsideration, and that may be true but personally I have never seen one that resulted in a positive benefit to the veteran. Not once in.... 15 years now. Wow the time sure flies.

Best of Luck,

Six