Va Request For Reconsideration On %

[danang_1969]

Recently I submitted a request for a reconsideration on % on my SC condition and secondaries that were denied. When I received the what we need from you letter and the form to wave or not wave the 60 days, the letter completely ignored all the secondary conditions I listed and thru in a new one that I have never claimed. They asked for medical records that I have already sent to them and they have acknowledged receiving them and I have proof in a printed iris. They listed all the enclosed forms with the letter but all the forms were not enclosed. I may have the condition they listed they would consider but have never filed on it or been diagnosed with it. I have had a prognosis. It seemed they won't to confuse the all facts. How do I need to answer this? Give me some advice please.

Edited January 2, 2008 by danang_1969

[Berta]

""When I received the what we need from you letter and the form to wave or not wave the 60 days, the letter completely ignored all the secondary conditions I listed and thru in a new one that I have never claimed."

I dont know about the new condition but the secondary ones you claimed are a moot point- because it is the Prime claim that has to be awarded-then they can address the secondary ones.

They should have had an underlined or bold typed statement in that letter specifically telling you what they still need.

On the recent VCAA election form I got I refer them to additional page and scanned into this page- their actual underlined statement in bold type from the VCAA letter:

"Please send us any medical documentation you have that the veteran's death was due to or contributed to by service disability"

I attached the IMOs from 2004 that they have continually ignored and my additional IMO of 2006 and stated that these IMOs fully satisfy their request in addition to my other considerable medical evidence which I listed and gave dates of submission.

I waived the 60 days and they are working on this now- (supposed to have made a decision already)

This is on a claim I filed on 2003

My reconsideration request on my CUES (they dont send VCAA letters on CUES) but what they questioned in a letter to me-some months ago- I responded in the same way.

They made a erroneous and unfounded evidentary statement- and hinged their denial on that sole statement.

It was easy to rebutt this with evidence.

But oddly enough- even if I had no evidence their denial was based on an erroneous fact of law.

What did they neglect to enclose?

If it was the 21-4138 form -you can get one at the VA web site.

In my opinion a reconsideration request is appropriate when there is obvious error in the decision.

I should have filed one long ago on my main claim- and didnt- thinking that at some point- my evidence would be addressed.

A failure to address probative evidence is a good reason to ask for reconsideration.And to either send in again what they did not consider or question a low rating by sending in the 38 CFR schedule and then copy of what med evidence supported the higher rating per the VA's schedule of ratings for that disability.

[Berta]

1968 you are right-in part-

"The VA sends out those VCAA forms via computer and there are omissions and mistakes on them much of the time. BUT, its your baby to fix. A VSO or the VARO will most likely not help you. You must correct the VARO's mistakes"

The VA MUST make every VCAA specific to each individual claim- they have a VCAA form letter but it is mandatory that the VA type in bold type or underline or both- the actual narrative regarding the specific claim- otherwise if the vet gets the generic letter -this is a prejudicial error-

(as thousands of BVA remands reveal)

2008 is here and my push is on to get my amendment proposed-to the VCAA-

vet reps see when a vet gets a faulty one and do nothing about it-

In a few weeks I will again be reminding Congressman Filner about the VCAA Amendent I wrote and if he doesnt push it- although he is very interested in it-I will find someone else who will-

Chairman Terry's BVA report is due in about 3 weeks to the President.I cant wait to get it-

I quoted his 2007 report to Filner and I bet this one might even be worse-

The BVA, ALL vet orgs, the OIG, the Chairman of the House Committee on Vets Affairs (I assure I have been very aggressive with him on this), the former Chair of the Senate HCVA (Craig- I was on him too)and the whole VA as well as your vet reps know how the VCAA is being violated to our detriment.

It IS up to us-because we have NO one on our backs on this DTA right- our Ultimate DTA right- the VCAA-

If you get a generic VCAA letter and worse of all- NO election response form under the VCAA -to elect, sign ,copy and send back to VA_ they will continually say you have NOT responded (to what they didnt send)-

and your claim will be in limbo land for years.

The recent VCAA letter I got was a legal one but on a different claim- I had to respond and shape it to satisfy what an appropriate one would have been in 2003.

My POAs refused to even help me get a remand on this so I got it myself-

and insisted in writing (their Director) that my 2003 VCAA letter was a legal one.

We cannot even depend on our own reps to know what is and isnt a legal VCAA letter.This has got to change.

[danang_1969]

Thanks, I will need all this info in my response. Our SO reps are useless as far as I can tell. I get so disgusted when I have to submitt something twice or make them angry by urging them to verify recepit of in an iris. Evidently they are confident they can do anything they like whether within the bounds of the law or not because they certainly do. That always happens when any government agency is not accountable to another.

[Ron II]

Re: "If you get a generic VCAA letter and worse of all- NO election response form under the VCAA -to elect, sign ,copy and send back to VA_ they will continually say you have NOT responded (to what they didnt send)-and your claim will be in limbo land for years." -Berta-

I included my election on my NOD; I think I got the idea here. The VA acknowledged my NOD/election in writing.

[Ron II]

Concerning my Request for Reconsideration or any other document that I sent the VARO, I have never received any acknowledgment that they received it, not one time. How..... can they serve the customer like that ? I don't get it ?!?

:D

I think that my document was acknowledged since it was a NOD with the election included. Perhaps

the acknowledgement took the place of the "election document" they usually send.

[john999]

If you don't get the VCAA letter I would be worried that the VA is not acting on your claim. Once you get an election letter asking if you want a DRO or a trip to the BVA then you know that your claim is at least in the system and they know you want to appeal. When you get the response describing what route you chose hold onto that since it has a date on it. Reconsiderations are a little weird since you are not asking for an appeal but that your original claim be reconsidered on the basis of new evidence you have provided. When you file a new claim or file for an increase you should always get a VCAA letter except for a CUE. The whole idea of the VCAA is that the VA has to assist you in working your claim and not stonewalling you. They have to tell you what is lacking and help you get records. There are more techical details but the VA has a duty to help you. The claims process is not supposed to be a guessing game for the vet, although it usually is exactly that.