ptsd Questions On The Process In Requesting A Reconsideration By Regional

[danang_1969]

I reopened a claim in July 2006 that was first filed in 1997. It was denied on the whole claim again in May of 2007. In the decision they telegraphed many errors they made in working my claim to me. I filed a NOD with De nova review and submitted new evidence with a diagnosis of PTSD by a VA C&P examiner. I was able to prove the mistakes once I saw the direction and how they were making the mistakes, but was denied on hearing loss, tinnitus, and others conditions on the same claim. I filed an appeal and checked the regional level box for the appeal, which I thought would be best to go the regional level route because I finally proved through IMO's to dispute to hearing loss test was due to acoustical trauma(loud Noise). I also have produced VA records to dispute to them a more severe illness of the PTSD than I was granted. I have notarized buddy letters, medical document that back up all the other conditions as well. I just received from the RO, ignoring the regional office box that was checked. They sent a form letter to me asking me if I want a Travel board hearing, a video conference, or ask the hearing board to consider the evidence on record to the BVA in Washington. What I really desire is the same regional appeals team with the regional office that made the decision to grant the 30% PTSD and denied the others to look at all this evidence again, this time with the disputed and extra evidence. It seems to me if I have rebutted and proved where there mistakes are, and I believe I have, this is the best avenue and the shortest time route to go. Is it possible to do this? Is there any form or anyway I can do that? If so what form or what process would I need to take. How would I answer this letter? How would I fill out the form and ask for the RO for a regional reconsideration at the regional level before they sent it on to the BVA. Have I gone as far as I can go at the regional level. I really think if I could get the Regional Appeals Team to look at the evidence again with my new evidence submitted, it would be a totally different outcome this time. Bertha, Pete, anyone got any answers for me on this. I only have about 20 more days to return the form.

Danang_1969

Edited November 20, 2007 by danang_1969

[Ricky]

danag - a reconsidersation is usually done prior to submitting you NOD. If you have new and material evidence, prior to the NOD, you can send it in and ask for a reconsideration. This will result in the same rater that worked your claim to relook the claim with the new evidence.

Now that you have perfected your appeal this is not possible. The only avenue for you now is to send in any additional evidence you have before the file gets certified to the board. The reason for this is that once the form 9 is submitted your file stays with the DRO's on the appeal team. One of them or the supervisor is supposed to relook the claim to insure all evidence is present, the SOC was adequate etc.....

In doing so I have know of them catching a mistake or two that has resulted in an award or SSOC being issued. The key term here in this statement is "supposed to". Now whether they do so or not is anyones guess.

On the form you received I would suggest that you indicate that you want a hearing via video-teleconference. This will be the fastest way to resolve your claim once it makes it to the board.

[Berta]

Danang ---Do you mean 20 days to return the I-9 form?

Did the DRO review produce a SOC?

And you responded to that?

Have you read the I-9 Appeal form info I posted here- available under the search feature?

I am a firm believer in keeping a claim at a RO-because it might only get remanded back there anyhow-from the BVA after it is at the BVA for over a year-

I agree with Ricky-

"Now that you have perfected your appeal this is not possible. The only avenue for you now is to send in any additional evidence you have before the file gets certified to the board. The reason for this is that once the form 9 is submitted your file stays with the DRO's on the appeal team. One of them or the supervisor is supposed to relook the claim to insure all evidence is present, the SOC was adequate etc....."

I did this-but none of my evidence was considered AGAIN-and I went to the BVA but got remanded in weeks-

You can certainly submit any evidence they have not considered yet- and hope they will read it before sending the claim to the BVA-

but I am thinking -why not ask for reconsideration when you send in the I-9 with a cover letter ----yet I dont know if that would work or not-

Do you have a vet rep?

A Vet rep is supposed to file a 646 form when the appeal is certified to the BVA-

if they make a strong argument on this form- it is possible the RO will re-look at the claim.

The whole appeals process at this point-confounds me-

I responded with the evidence VA had not considered in a DRO review- (Jan 2006)

the claim got 3 authorizations and considerable movement for the next 6 months-which I documented on my 800# log-

I thought they were reading my evidence but then -in July I got the BVA transfer letter-

it amazes me how many people at the VA "looked" at this claim but never even read the evidence-

This is one reason why filing for a Reconsideration prior to the NOD-can sometimes trigger the RO to review the claim evidence again-

If they do send your claim to the BVA -when you get the transfer letter- and if your medical evidence still remains ignored- you can ask the BVA to remand the claim prior to getting on their docket-

but one has to keep in mind that this only staves off a year or two at the BVA-

My remand was Sept of 2006 and only now-over a year later- has my claim gone to a DRO again-

but it isnt collecting dust at the BVA.

The only other thing I can suggest is to use the Iris inquiry system and see of you can possibly get an informal conference (by phone or in person)with the DRO who handled your claim-

these are things that well paid vet reps are supposed to do for their claimants-before a claim like this goes to the BVA-

My POA -who was supposed to highlight my medical evidence to the DRO ---messed up on my claim at this point----in 2005---part of my complaint to the GC on him-

and I have asked for an informal conference myself this time-as a different DRO has my files.

I am beginning to think every claimant should ask for an informal DRO telephonic conference-or meeting at the RO-

as it is within the DROs job description to do this if necessary.

I suggest using Iris to have hard copy proof that the request went directly to the DRO.

Edited November 19, 2007 by Berta

[john999]

I agree that if you have any new evidence to just send it in and ask for a DRO Hearing before this thing gets to the BVA. If you have filed an NOD you can still send in new evidence. Evidence is what wins these claims and there is no better evidence than a good IMO for an increase. Reconsideration before your NOD and a DRO after your NOD. If that fails ask for a personal hearing. Anything to keep it local rather than get in line at the BVA. This is my opinion. The thing to understand is that most BVA decisions are remands. If you have not had a DRO Hearing you have not gone as far as you can go locally.

[danang_1969]

I agree that if you have any new evidence to just send it in and ask for a DRO Hearing before this thing gets to the BVA. If you have filed an NOD you can still send in new evidence. Evidence is what wins these claims and there is no better evidence than a good IMO for an increase. Reconsideration before your NOD and a DRO after your NOD. If that fails ask for a personal hearing. Anything to keep it local rather than get in line at the BVA. This is my opinion. The thing to understand is that most BVA decisions are remands. If you have not had a DRO Hearing you have not gone as far as you can go locally.

Thanks for all the input. I never asked for a reconsideration before the submitted the NOD. Probably should have ask for one and it would haven't given me more time and and evidence to perfect my claim. I going to send in the form to the RO after I submit an iris requesting that the same Appeals team reconsider my new evidence before sending my claim to the BVA. I also will send a letter with the form asking for a reconsideration in view of new evidence and possible errors made on looking at the wrong tests. I have printed out iris communications from the RO that say the VA used a hearing test information that was performed on me April 27, 2007 and mine hearing test was on April 30, 2007 and I can document that. I have an iris communications from the RO's office saying the appeals team did not find any records from my named PTSD treating doctors and only the C&P exam was used after assuring me in an iris all PTSD records would be looked at and used before deciding my claim, plus much more confirmation in medical records in other conditions that I am claiming. Thanks again for all the info. This has been very helpful to me in knowing exactly what I need to do.

To answer one more question someone asked. I had 60 days to file the form 9. After I filed the form 9, then I got the form letter from the RO, instructing me to make a selection in the method of hearing in the appeal and the letter stated to return the form within 30 days. If you do nothing and do not return the form, then they send your form on to the BVA.

God Bless ALL

Danang_1969