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Update On Claim, More Hurry Up And Wait


Guest Jim S.

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Well, the new SO is installed in his office, but he hasn't gotten around to opening my claim file to see what is going on and he will be out of town all next week for some area conferance. So it will probably week after next before I get to meet with him to decide on the best next course of action.

The DVA Dept of Veteran Affairs in Washington, I guess, wants to know if I want to go with a Reconsideration of my claim, or to proceed with my CUE claim. I'm sort of at a loss as to which would be the better way to go. It sounds like if I go with a reconsideration, they will be able to consider more of the evidnce in my claim as well as new evidence I have sent in recently, but I won't know what the down side might be. I don't know if they can correct errors that I have shown in my CUE claim, unless they are willing to call CUE on themselves, knowing the past history of the VA, I don't know if they are that accomidating.

Has anyone had their claim reconsidered and had good things come of it? Would like some ideas from anyone on this, so I don't go into the SO's office cold trukey.

Jim S. :P

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Does anyone know how long a reconsideration of a claim can take? Does this have any bearing on a CUE claim that you have pending and may want to follow through with if the reconsideration doesn't go as expected? Could use a little help here.

Jim S. B)

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Guest Namvet6567

Jim, I believe I gave you my opinion on your claim about 1.5-2yrs ago and you disagreed w/my assessment and direction, which you are/were entitled to. Flip

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Jim, I believe I gave you my opinion on your claim about 1.5-2yrs ago and you disagreed w/my assessment and direction, which you are/were entitled to. Flip

Flip, nice to hear from you, been awhile, The last time I heard from you on my claim, since I disagreed with your train of thought, you decided then not to help me further. below is one of the last Email I got from you on the direction you thought my claim should go.

That thing you sent really threw me off. My personal thoughts are you are pursuing the wrong angle regarding severance, but that's just my opinion. I don't feel they severed, I feel they disregarded the claim, by not making any decision on it.

My present claim is based on what they did wrong that met the criteria for ERROR and supported it by the laws, CFR reg, and even M21-1 if it applied.

My claim as submitted is fairly new and they are asking if I want to have my claim reconsidered or to continue on with my CUE claim. I am wondering if having then reconsider my claim would be a waist of my time, or should I just go ahead with my CUE. I'm just wondering how much time might it take for them to do the reconsideration and whether by looking my claim over again with different eyes may prove to be a possitive thing and they currect the defecioncies in the past ruling.

Besides, when I first submitted my new claim and the VARO got if all messed up as a new claim to reopen with new and material evidence, I was asking for a reconsideration of my claim. so after getting it all streightened out, I still back to square one and now they are doing the asking.

The help and direction you gave me was quite helpfull whether you want to believe it, even if it wasn't exactly done in the way you wanted. keep advising even if you get hard headed guys like me.

Jim S. B)

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Guest fla_viking

Dear Sir.

You can spend a year asking for reconcideration and at the end of it all. You get a photo copy of the orriginol denial. Most vets have no confidence the RO will do right by them and it is true the RO has made a sick joke over there review process of our claims.

If the RO will grant your claim under reconcideraton then it is a shorter time to wait for that, However looking at your past denials do you feel they concidered your issues and have tried to explain there rulings in a just manner. If they have not then your just asking to delay your claim so the RO has a second chance to complex it more and take a year out of your life while doing so which means you go to BVA any ways.

With your past experence with the RO. Do you feel lucky?

Terry Higgins

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  • HadIt.com Elder

All the DRO Reviews I got took between 6 months and a year. Jim, if you go for a Reconsideration I would ask for a personal hearing which you are entitled to get. I don't know how this affects your CUE.

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I"m not sure a DRO review is the same as a reconsideration. My understanding is that a review is on a decision and how they came about it. Where as, a reconsideration sets aside all previous decisions and takes a fresh look at the whole record of evidence with new eyes.

That is why I need some clarification on this matter, that I hope my SO can provide. If I am allowed some input as to what problems I have had in my past claims, then It may save some time over my CUE claim and narrow the direction my CUE claim will go.

Nothing is etched in stone yet. LoL

Jim S. B)

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