Reconsideration - Where Is It In The Regs?

[tssnave]

I have been reading some of the posts from the last week or so that I missed while I was out of town. Once again there are questions about reconsideration vs filing a NOD.

Could someone please give the governing regulation in the CFR as well as its location in the M21 for reconsiderations?

Thanks,

ts

PS - Vike17, good to see you back.

Edited May 11, 2007 by tssnave

[john999]

Since I have no new evidence dealing with my CUE I submitted a NOD to replace the reconsideratin request I submitted earlier. It is basically the same argument but this time I say it is an NOD and ask for a De Novo Review before I follow the traditional appeal procedures. I might as well get this thing on the road the right way.

[allan]

>Those regulation that you posted pertain to the BVA!

Vike 17

Reconsideration? thought it was the same for BVA, VARO, appeals center, etc.

Thanks for clearing that up.

>I couldn't believe the VARO had taken my IMO statement and disected it, scrambled it, changed it, and distorted it; thus, had grounds for denying my claim.

68'army,

It should be no surprize. This is the "duty to assist" we recieve & have discussed constantly for a decade on this board.

The only other option is to pay you. That is not part of the currant agenda to fund this war.

You will need to send in another IMO rebutting everything they used to deny.

More than likely, there is NO sound medical logic or science applied to the reason or basis for the denial.

If the RO was required to provide a legal bases for the denial, it was actually inforced, it would put a stop to much of this corruption.

It wouldn't hurt us to pray for the honest claims adjusters once in a while. There is a shortage of them across this country.

[john999]

1968

I think it is common for the VA to dissect IMO's and take the parts they want and discard those they do not want with an eye to denying a claim. What is really galling is for the RO to make their own unsupported interpretation of a medical opinion and come out with a conclusion that is 180 degrees at odds with the intent of the medical report. This is just part of the game called "how to deny or delay a claim". I think, as Allan says, the best way to beat this is to get another medical opinion to clarify or refute the exact statements the VA has used to deny the claim. It is expensive to get these opinions and this is also part of the game to discourage the vet from going forward with his claim. You will notice that the closer you get to IU or 100% the more desparate the VA gets to deny a claim, and the more creative they get with their denials. If you have heavy duty retro then they really go out of their way to dream up denials. It is just SOP so just keep fighting and submitting medical evidence.

[Berta]

Army- many many of us here have dealt with this stuff for years-

Welcome to our world-

It isnt deceit or corrpution or anything else- it is just the way the VA is-

In the decision- what medical rationale (from a doctor) did the VA use to combat your IMO?

It sounds to me like a rater parsed words in it-

Make sure you re state exactly what the doctor actually said in the reconsideration request and tell it to the VA like they are 10 years old.I mean state it as simply as you can.

And if they did not rely on medical evidence , raise that issue and ask for the Benefit of Doubt regs to be applied.And that your evidence be properly considered.

38 CFR 4.3, 4.6

I filed for Reconsideration of a CUE denial -July 2006.

It is with a rater.

[Josephine]

1968 Army,

I have vestibular disease, to some known as inner ear, meniere and to others loss of balance and to some like me, I have no balance and I have lived with this condition since 1994.

This is the most dreadful disease that I have ever had to deal with. Maybe that is why the psychiatrist gave me a GAF of 40. My brain is so busy trying to know, if I am sitting or standing, that it doesn't have time for much else.

I read the complete IMO that Robert presented to the VA and I have to say that his doctor did a darn good excellent job on his nexus statement.

He placed on the table all of the test that he did on Robert, to rule out, brain tumor and any other minute thing that could be causing his symptoms.

He made his statement clear that Robert was a combat veteran and that he had in his SMR'S head injuries. Fragments of those itty bitty tiny pieces of shapnel to the side of Roberts ear are the reasons for Roberts inner ear, meniere, vertigo, dizziness and placed on antivert.

These are the same fragments that the military thought was too dangerous to remove surgically.

As with gravity and time, these little pieces do move and in time can cause the problems that Robert is having.

His doctor states, I have performed every test, and have to conclude that Roberts present meniere is related to his in service head injuy.

Army 1968, Please correct me, if I have not typed correctly what I read from your "Specialist in this field of Expertse. "

Why the rater did not read this I do not know. I would sure be finding a way to have them read your IMO>

I still have your doctors IMO in my PM.

Josephine

(Betty)

.

[Josephine]

Army 1968,

I am sorry that I am limited in my knowledge of the VA. You will be like kkp amd myself carrying a letter around so that we don't end up in jail for being drunk.

I remember the first time that you posted your symptoms on line, you had no ideal there was any connection between your in service head injuy and your illness.

I immediately posted for you and told you exactly what your problem was and that after all your extensive test were finished, this would be your diagnosis and your nexus to service.

Your doctor is correct as your Meniere is connected to your head injury.

With Meniere there is no life. I am like you, I am not crazy about falling into others homes and falling over my feet and those highs from the vertigo.

I am pleased that you are refusing to accept a denial on this issue.

Thanks for posting.

Josephine