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Is It To Late To File For Reconsideration


jessie0054

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Hello Everyone.

My son filed a claim in Feb 2006 for DDD/ Lumbar Spine condition and received a rating of 10% and at the time he still had 2 issues on deferrment.

His rating decision on the back was dated November 27th 2006.

I wanted to file a reconsideration on the rate at that time because they didn't even consideration the fact that he had a multi level fusion in his low back and they didn't do a ROM at the C&P.

But i took his SO advice to let these other issues that were on deferrment get settled first and then ask for a reconsideration of the rate on his back with new evidence.

I totally lost tract of time!!! And got wrapped up in the Reconsideration Claim for an increase in the rate he was given in his claim for Polycythemia Vera with phlebotomies which they rated in March at 0% and should have been given a 40% rating because he is receiving phlebotomies at every 3 weeks now.

Anyway!!!

Just yesterday i received a copy of his last MRI on his back from the VAMC at Charleston, SC along with other records of treatment for his back with complaints of increasing level of pain and numbness to his lower extremties and feet.

So it is now too late ti file that reconsideration for an increase in the rate on his back OR do i now file a NOD.

Thanks!!

Jessie

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  • HadIt.com Elder

Does not hurt to try just make sure the FORM 9 is with it. You are almost out of time.I suspect that the VARO waits and if nothing theu close the claim for 1 year from decision.

Good Luck

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Does not hurt to try just make sure the FORM 9 is with it. You are almost out of time.I suspect that the VARO waits and if nothing theu close the claim for 1 year from decision.

Good Luck

Thanks Pete53:

I knew i could count on you for guidence!!

Where do i get the Form 9 ??

Jessie

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  • HadIt.com Elder
Thanks Pete53:

I knew i could count on you for guidence!!

Where do i get the Form 9 ??

Jessie

http://www.va.gov/vaforms/va/pdf/VA9.pdf

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