Advice Please

[rdawg]

so I'm back in the game. my frustration level just about made me quit.

but I digress...

here is the question

can i ask for a reconsideration, based on new evidence?

originally filed 30mar06

denied twice

filed nod 28nov06

obtained imo (bash) 05jan07 his opinion-- condition is due to service -- hand carried to ro got date stamped copies.

been waiting for a denovo review

don't think it's going to happen anytime soon

If I withdraw my nod and ask for rsconsideration will it go any faster than waiting for a denovo review?

Is there any other advatage to waiting on the review or going back to the rating board?

thanks for the advice.

and thanks for not acknowledging my rant on the other topic. I felt better but also guilty for losing my temper.

rdawg

Will it go back into development?

[LarryJ]

Review, Reconsideration. Same, Same.

You do not really want to do this.

Your NOD/claim will, just possibly (according to where it is in the famous "pile") get pulled off the top of one pile and go to the bottom of the other (different) pile.....and we don't want that do we?

[john999]

You don't want to confuse these idiots anymore than they already are confused. I suggest just doing the DRO. Ask for a personal hearing with the DRO. Don't let them just do a written review. Talking in person to someone who can decide your claim can save you years of grief.

[Ricky]

John gave good advice - (1) Don't confuse the idiots

Although it is a good ideal to ask for a hearing with the DRO your appeal has been pending for about 9 months now. Most RO's are taking action on appeals (NOD's) anywhere from 12-15 months. If you ask for a hearing at this point they will hold action on the NOD until they can schedule a hearing which might be another year (I know from experience). If you get an unfavorable result on the De Novo ask for a post determination hearing and keep demanding one (you can ask for and receive a hearing at any point in the claims process).

If you PULL your NOD and ask for a reconsideration I assure you they will probably deny the reconsideration (which will be done by the same junior idiot that originally rated your claim), and inform you that you must now file a new claim and then you will get tied up in that new and material stuff!

If I were you and I had new evidence in support of my claim I would simply submit it along with a cover letter indicating that it was new evidence in support of my 20 xxxxx 2006 appeal. jmho

[rdawg]

thanks for the input. I just feel like I need to do something to get this moving. But it will probably just slow it down more if I do something.

[Berta]

Make sure the IMO from Dr. Bash is in your claims file and that the DRO addresses it.

DRO Job description:

http://64.233.169.104/search?q=cache:3nC0w...us&ie=UTF-8

If the review results in a sameo sameo decision- word for word of the initial denial- write to the VSM and Director and ask them to CUE the SOC it produces.

That worked for me.

Do you have a vet rep and are they supportive of your new evidence?

Did they send in a 21-4138 as showing their support for the consideration of your IMO?

Can your Vet rep assure you the IMO is in your c file?

[Berta]

Make sure the IMO from Dr. Bash is in your claims file and that the DRO addresses it.

DRO Job description:

http://64.233.169.104/search?q=cache:3nC0w...us&ie=UTF-8

If the review results in a sameo sameo decision- word for word of the initial denial- write to the VSM and Director and ask them to CUE the SOC it produces.

That worked for me.

Do you have a vet rep and are they supportive of your new evidence?

Did they send in a 21-4138 as showing their support for the consideration of your IMO?

Can your Vet rep assure you the IMO is in your c file?