Dale Jr. 8 Posted January 15, 2008 Share Posted January 15, 2008 I am going to file a recon on Thurs. I believe I have a slam dunk case since in the rating decision all the evidence is there for going from a 20% to 40% and a 0% to 10%. Va is the one that wrote the decision and they are the ones that should have known that the 30 degrees Range of motion on forward flexion of the lumbar spine is a 40% rating. They also are the ones that wrote the ROM for my rt. ankle that is the same as my left 10% ankle. I'll keep you updated. DJ 8 Link to comment Share on other sites More sharing options...
Berta Posted January 15, 2008 Share Posted January 15, 2008 Good for you- The VA has done more with my reconsideration requests (2 CUE claims) than with my main AO claim. They have denied one of them twice- havent made a decision on the other one yet- their denials were quite creative- showing me that someone was actually reacing the claim good to manipulate it into a denial- It was denied solely due to one statement- "the veteran had not filed a Section 1151 claim in his lifetime" well---that was good -he sure did- the VA acknowledged it was in Rating board at 10 AM the morning he died,the DAV had held his POA on it, and I re-opened this same claim and got an award under 1151 3 years later-duh- also -I reminded the VA that when the former RO director sent me copy of the c file years ago- Rod's Sec 1151 claim was in it- and stamped received by the VA. Also I reminded VA that so much paper work had been lost in Rod and My claims since the 1980s that former Secretary Jesse Brown got a copy of his Sec 1151 claim too. I do believe that a reconsideration request can produce a favorable decision faster than a NOD BUT watch the NOD year time frame too- so the appellate rights aren't lost if they fail to handle the recon withn that critical NOD year after the decision. Link to comment Share on other sites More sharing options...
danang_1969 Posted January 16, 2008 Author Share Posted January 16, 2008 Good for you- The VA has done more with my reconsideration requests (2 CUE claims) than with my main AO claim. They have denied one of them twice- haven't made a decision on the other one yet- their denials were quite creative- showing me that someone was actually reacing the claim good to manipulate it into a denial- It was denied solely due to one statement- "the veteran had not filed a Section 1151 claim in his lifetime" well---that was good -he sure did- the VA acknowledged it was in Rating board at 10 AM the morning he died,the DAV had held his POA on it, and I re-opened this same claim and got an award under 1151 3 years later-duh- also -I reminded the VA that when the former RO director sent me copy of the c file years ago- Rod's Sec 1151 claim was in it- and stamped received by the VA. Also I reminded VA that so much paper work had been lost in Rod and My claims since the 1980s that former Secretary Jesse Brown got a copy of his Sec 1151 claim too. I do believe that a reconsideration request can produce a favorable decision faster than a NOD BUT watch the NOD year time frame too- so the appellate rights aren't lost if they fail to handle the recon withn that critical NOD year after the decision. I have talked with the RO office and they tell me that a reconsideration and a NOD is basically the same thing and they are sending me the letter to tell me what else they need. They are also sending me an update on my c-file since my last copy and much has been added since then. The fact a reconsideration and a NOD was the same was news to me. Is this right? I definitely have new much evidence to send to the VA and private IMO that shows my PTSD is much more severe than rated for and this should give me much more percentage and possible 100% or least 80-90 on several different conditions and TDUI should be no problem with the new evidence. Just a matter of getting everything into place and them looking at it and making a decision. I also have 2 other appeals.They split my claim when they gave me the 30% rating which complicated everything. I'm sure they had a reason that was not in my best interest when they split the claim. My GAF score has dropped from 45 to 32 which should help on the increase in percentage and with that increase I am asking for the other 9 years of retro that they ignored in the initial rating. I know they have the records where I filed for PTSD in 1997 and the only reason I wasn't rated then was their unwillingness to give me treatment or a C&P exam because they were not looking at my military record close enough to distinguish that I had my feet on the ground for a year and was only looking at blue water service prior to that. They finally gave that information away in a denial and I filed a NOD explaining the error. They still haven't acknowledged the mistake or accepted responsibility for it other than the 30% rating for 1 year. We will see what happens. In the mean time I have been making a copy of all my records and putting them in a safe deposit box should I go on the be with the Lord and my wife will have the info to finish this deal. I would really love to stay around and see it to the end but myself like all don't get to make that call but one with much more power. I pray he will grant me that request. Danang_1969 Link to comment Share on other sites More sharing options...
Ricky Posted January 16, 2008 Share Posted January 16, 2008 I am going to file a recon on Thurs. I believe I have a slam dunk case since in the rating decision all the evidence is there for going from a 20% to 40% and a 0% to 10%. Va is the one that wrote the decision and they are the ones that should have known that the 30 degrees Range of motion on forward flexion of the lumbar spine is a 40% rating. They also are the ones that wrote the ROM for my rt. ankle that is the same as my left 10% ankle. I'll keep you updated. DJ 8 :) Dale becareful about how much credit you give the VA. My back exam in May 06 provided that my limitation of motion was 45 degrees of forward flexion which is a 20 percent rating, they gave me a zero percent rating. I appealed and asked them to read the freaking C&P exam results. Appeal still pending 2 years later and I have to go for another exam in the morning to determine the limitation of motion on my back! I guess they are looking for something to use for a denial since the first exam was very clear it is just strange that they are sending me for another one. Link to comment Share on other sites More sharing options...
jecsb4 Posted January 29, 2008 Share Posted January 29, 2008 I am dealing with a recon that I requested after the buss phrase - new and materal evidence....going on 6 = months...had to resubmitt b/c they said never received ...I had a date stamped copy.....so ALL of my evidence for the last 4+ years - date of my original claim supports my claim including VA Dr's, etc. So what so they do? They send me to a non specialist Dr for a C& p that wasn't needed and guess what I am cured!! Another blessed VA Miracle! Link to comment Share on other sites More sharing options...
recruiterrick Posted January 29, 2008 Share Posted January 29, 2008 mine went from 40% to 100% p&t. i guess it depends on your evidnece and the c&p results. when i requested reconsideration, i was scheduled for an additional c&p to verify myclaims Link to comment Share on other sites More sharing options...
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