Help! Need Answer Fast

[jessie0054]

Help!!

Son just got off the phone with the folks on the 1-800 line.

They are telling him that because he summited new material with his letter of reconsideration it is now a re-opened claim.

When we sent the Letter of Reconsideration on the rating decision i sent copies of material that was already in the file and highlighted the areas i wanted them to pay attention too along with a article of the Blood Journal that gives the guidelines for the treatment of his diease to get them to understand that when his Blood HCT levels are above 45 he is to have a phlebotomy. [ he had been denied a phlebotomies by the VA because they said his HCT wasn't high at 52 and was within their norm.]

They now want to schedule another C&P exam!!! What's the point!! All the evidence is in the file and just needs to be given the correct rate for the condition!!!

His SO is out of his office and will be out for a long period of time due to his own health.

So what do we do to get this thing moving again???

Anyone!!

Thanks

Jessie

[jessie0054]

Jesse, have him write a 21-4138 and put these words on it.

Previous information submitted. ( Attach a Copy) was an official request for reconsideration, Not an appeal or a request to reopen the claim.

Explain that you are well within your NOD period of April 07.

You can also ask for a DRO review of this decison (0) percent.

They are missing the point on this one. Maybe just a delay tatic being used.

jabasser:

Thank You:

This is what i was looking for!!

jessie

[jessie0054]

jabasser:

Thank You:

This is what i was looking for!!

jessie

jbasser, one more question!!

When we send in the 21-4138 do we go ahead and send the last 6 months of Phlebotomy records and the results of the recent blood studies that confirm his diagnosis of Polycythemia Vera which was the diagnosis and was Service Connected that gave the 0% rate in the first place that we were asking for the reconsideration for to bring the rating up to the 40% rate which it should have be awarded in the first place.

Or would this further complicate the issue??

Thanks,

jessie

[jbasser]

Yes, but on each page. ( Information per VA record. not new) If you have a POA,, let them do the leg work. Send the certified copy to the Ro and send a copy by fax to the VSO. The VSO should be able to run interference if they are any good. Of course al lot of them are just claim sponges. (sit back and write claim after claim with no follow up whatever)

J

[jessie0054]

Yes, but on each page. ( Information per VA record. not new) If you have a POA,, let them do the leg work. Send the certified copy to the Ro and send a copy by fax to the VSO. The VSO should be able to run interference if they are any good. Of course al lot of them are just claim sponges. (sit back and write claim after claim with no follow up whatever)

J

jbasser:

Thanks for your guidence!!

The Phlebotomy reports i was referring to are NEW since we wrote the Letter of Reconsideration back in May 07.

So i'm not to submit any new records? Just a copy of those already in the file with the " information per Va record, Not New" on each page? I don't want to confuse them anymore than they are already!!

Jessie

[jessie0054]

jbasser:

Thanks for your guidence!!

The Phlebotomy reports i was referring to are NEW since we wrote the Letter of Reconsideration back in May 07.

So i'm not to submit any new records? Just a copy of those already in the file with the " information per Va record, Not New" on each page? I don't want to confuse them anymore than they are already!!

Jessie

Attn: jbasser!!!

I have the form 21-4138 ready to send in.

Do i send any new records in with this as i am trying to get them to respond to the Letter of reconsideration sent in May 07. That they are calling a reopened claim!!

Jessie