Appeal Versus Reconsideration

[Torvald]

Hello,

I am fairly new to this forum, and would like to learn more about what a request for reconsideration is versus an appeal.

For example, I filed a claim with the VA in January 2007, and just got back a rating decision this month partially approving my claim. When I talked to my VSO, he suggested that I appeal the parts of my claim the VA had denied by preparing a Notice of Disagreement letter. He also recommended that my NOD letter include a request for a De Novo review by a DRO, plus a request a Statement of the Case.

Question #1 - Is what I'm doing considered an appeal or a request for reconsideration?

Question #2 - Is there a difference between the two, or are they essentially the same?

Questiion #3 - My VSO recommended that when I submit my NOD letter, to attach to it the entire stack of evidence that I want the DRO to review, instead of waiting until the Form 9 later on to attach my evidence. Is this the best process to follow?

Question #4 - If the VA sends me a Form 9 in response to my NOD letter, should I simply sign and return it, or should I attach another copy of my stack of evidence to it before sending it back?

Thanks in advance.

[Pete53]

Hi Torvald:

Welcome to Hadit. I think that you have a good SO by the way.

Asking for a DRO Review is not an Appeal as the Appeal most think of is when you Appeal on a Form 9 to the BVA. The DRO Decision Review Officer is a new set of eyes to review and see if they can do more for you. The VARO has a bad habit of low balling Veteran Claims.

Are you able to work. If you are not you should have a parallel claim with Social Security. The VA is slow and there is a lot of waiting so be patient. As I understand it the VARO in Waco TX is taking about 1 year for the next stop.

If you could be more specific what your Service Connection amount is and what for it would allow a lot more help.

No matter what anyone tells you or does not tell you the Claim is yours and you are the one who has to make the decisions on how to proceed.

Good Luck on your claim.

Pete

Edited August 23, 2007 by Pete53

[Torvald]

Pete 53,

Thanks for the quick reply.

My current 40% disability rating is based on 20% back injury, 10% right shoulder injury, and 10% tinnitus. (I'm also working now, which sure helps, since my wife only works part-time and we've got two kids in college.)

The additional claim I'm getting ready to send the NOD letter for is for major depression, obsessive compulsive, generalized anxiety, bipolar, memory loss, and for head injuries (concussions). I was suffering from stress/depression shortly before retiring, but like most fools, kept it very quiet out of shame and fear of losing my TS security clearance. Therefore it was hard to locate much in my service medical records to back up my claim. I tried to show my depression & memory loss might have been caused by several serious auto accidents (head concussions) while in service, but the VA said no.

Fortunately, while going thru some old tax records, I just found a receipt for one session of depression treatment from before I retired, plus obtained a short letter from my old doctor saying he was treating me way back then for depression. I've also collected the bills for prescriptions & doctor visits for depression treatment for the past ten years, and have asked my current doctor for a letter saying I'm still suffering from depression.

Once I get all the paperwork collected, I plan to take it to my local VSO and have him give it a quick review before I mail it off to the VA.

[john999]

A request for reconsideration is not the same thing as an appeal nor is it an NOD. You can request a reconsideration but you usually need new evidence. You have one year to file the NOD regardless of your request for reconsideration. Reconsideration requests do seem to go faster.

[Pete53]

You are on your way and I would suggest that Depression is your best route to get more. If you are working you will probably get a small increase. If you can't work you could probably end up with 100% and if rated Permanent it would provide benefits for your kids and Medical Insurance for your wife.

There is the rub cause you have to be not working and the VA takes a long time.

Just getting the door open for your Depression and Anxiety will probably be helpful.

[Berta]

You got great advise here and I agree -you have a good Service Officer.

One thing stands out:

"I tried to show my depression & memory loss might have been caused by several serious auto accidents (head concussions) while in service, but the VA said no."

The rationale they used to say 'no' is what you have to overcome now.

If they questioned the fact that these accidents occurred you might need buddy statements?

Did any of them require hospitalizations or any documented treatment at all?

The pre-retirement records you found might help your claim a lot-even better if the doctor made any reference to the accidents as causing the depression-

send VA copies -and keep the originals in a good place.

I always think the NOD -the first avenue of attack on a negative decision should have -as attached -anything at all that will support the argument laid out in the NOD.