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Is This State Veteran Rep. Telling It Straight


mountain tyme
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I am still preplexed by this whole conversation or should I say debate...

My husband and I stopped by the State Veteran Commission both at our State Fair yesterday hoping to catch our state VSO that works in our town there...instead the State VSO that works up at the state RO office was manning the booth...so I broached the question to him regarding a decision that I received recently by the VA regarding a reconsideration I put in for. They increased my claim from 0% to 10% even though the condition clearly warrented a 30% rating based on the medical evidence in accordance with the shed.of rating the VA has est. for the condition. The State VSO told me to go ahead and put in for another reconsideration stating why the condition warrented a higher rating...I told him that I did not see any point because it would only go back to the same rater which low balled it the first time...the State VSO officer said that when you do a reconsideration it DOES NOT GO BACK to the original rater but to a rating officer...now I may be behind the times but I have been told by relaiable sources that when you do a reconsidertion that your claim will go back to the original rater and since the raters do get evaluated based on the accuaracy of there decisions that in more cases then not they will not change it...but if you do a NOD it will go to another rater who will check it over and more likley give it the correct rating if it warrents one.

When I told the State VSO officer this he told me that I was wrong and he should know better then I since he works up at the State RO office and at one time that may have been the case but things have changed and when a reconsideration is sent it will not go back to the same rater that rated the claim in the first place...does anyone know if this is true or is he just a good ole boy for the VA and not for the veteran.

Thanks in advance

Edited by mountain tyme
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A request for reconsideration goes back to the VARO as a request to reopen. A rater is assigned to the claim.

It would be wise if you are within the time limits to file a Formal NOD and state the current percentage and criteria. Then state the actual condition and criteria.

Pertaining to a request for reconsideration. (This is extremely important as all members should read this information).This can cost a Vet 1 year or more if he / she does not file a NOD.

This is the M21 procedure that covers request for reconsideration and all should note that the VA views any correspondance that requests reconsideration as a claim to reopen. M21-1MR, Part III, Subpart ii, Chapter 2, Section E.

I would most certainly issue a NOD if within 1 year of the award.

It if is final and the rating criteria is clear, Then there may be a CUE involved for not using the proper rating criteria for your condition.

J

Edited by jbasser
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I tend to agree with him but then again-I am not a VSO with the contact he might have with the RO-

I dont see what difference it would make who a Reconsideration request goes to-

if the evidence is there for a higher rating- the award should be made----

I had a reconsideration request that I know for sure went to the same DRO who decided my AO claim- but that claim (AO claim)now has to go to a different DRO by VA regulations-

Prior to this denial (it appears as almost verbatim to the denial I filed the request on-

it appeared to me that someone at the RO was definitely looking at this request in a new light-

they hinge on one facet to deny the CUEs- and they are completley wrong.

I laid it all out for them on the I-9-they did not look at a single piece of my Legal evidence (CUES require Legal evidence)

but they used the evidence that is for my AO claim.

I recently wrote to and then irised the VSM-

that again my CUE Legal evidence remained unread yet they used the Medical evidence that is solely for my AO death claim.

I do agree with the rep as I understand CUES go to someone versed in CUE- whoever sent me the original denial certainly stretched the law to deny and as I said,they used conjecture on some point that is established fact-therefore a CUE-

And I do feel my Reconsideration request initially went to a rater who knew enough about requests of this type-to manipulate the evidence.

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Berta, this claim tends to mirror Ricky's.

The Vet is lowball rates when he can prove he should have a higher rating.

J

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I am still preplexed by this whole conversation or should I say debate...

My husband and I stopped by the State Veteran Commission both at our State Fair yesterday hoping to catch our state VSO that works in our town there...instead the State VSO that works up at the state RO office was manning the booth...so I broached the question to him regarding a decision that I received recently by the VA regarding a reconsideration I put in for. They increased my claim from 0% to 10% even though the condition clearly warrented a 30% rating based on the medical evidence in accordance with the shed.of rating the VA has est. for the condition. The State VSO told me to go ahead and put in for another reconsideration stating why the condition warrented a higher rating...I told him that I did not see any point because it would only go back to the same rater which low balled it the first time...the State VSO officer said that when you do a reconsideration it DOES NOT GO BACK to the original rater but to a rating officer...now I may be behind the times but I have been told by relaiable sources that when you do a reconsidertion that your claim will go back to the original rater and since the raters do get evaluated based on the accuaracy of there decisions that in more cases then not they will not change it...but if you do a NOD it will go to another rater who will check it over and more likley give it the correct rating if it warrents one.

When I told the State VSO officer this he told me that I was wrong and he should know better then I since he works up at the State RO office and at one time that may have been the case but things have changed and when a reconsideration is sent it will not go back to the same rater that rated the claim in the first place...does anyone know if this is true or is he just a good ole boy for the VA and not for the veteran.

Thanks in advance

It is my understanding that you can file a strait NOD or you can file a NOD with a Denova review. Denova review denotes another rater reviews your file. A NOD alone might might not do that. Again a theory, maybe someone can either comfirm or knock this in the head for accuracy.

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A formal NOD can request a De Novo review in it- But my experience has been that I got DeNovo request forms from VA to return it to them as to whether I want a De Novo review or not-

It can be asked for in the NOD.

In my opinion a De Novo review is a good chance that a claim can be awarded at the RO level and bypass a long stint at the BVA.

Claimants who elect the "traditional" claims process can count on that their NOD might not affect the RO at all- and the RO will fail to address any rebuttal they make to the SOC and then try to get the claim transferred to the BVA.

A claim can turn around on an NOD and I have experienced that personally-but one cannot count on that happening at all-

sometimes I think the DROs are the only RO employees who actually read the claim and evidence carefully

sometimes

I am set for the 3rd De Novo Review on my AO claim filed in early 2003.

And already have my next battle plan prepared.

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The State VSO may be right in that he knows (or should know) the procedure at that particular RO. Most of the time it does tend to go back to the same rater for you are asking him or her to reconsider their rating decision. In a simply theory if it goes to another rater how can they recondsider it for they did not make the decision. However, JB and Berta are correct it gets logged in as a reopened claim and could end up in the hands of a different rater.

All DRO reviews are done on a de novo level. The DRO is supposed to review the claimed issue without considering the previous rating. However, as part of the due process rights, no matter how many pieces of paper you send in asking for a DRO De Novo review, you will still get the paper from the VA officially asking you if you want a DRO De Novo or the traditional appeal process. It is just one more legal step in the process that holds claims up. However, it is a good step for many, many veterans really do not fully understand their rights when it comes to appeals.

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