Reconsideration Help

[ruby]

I am going to file a reconsideration request--Can anyone guide me to the sections I need to read on how this is done using the VA regs.

Hopefully, I can use them against them and win--

Ruby

[Berta]

If you have good evidence that they did not consider properly in the decision you can file a Reconsideration Request-there is plenty here if you search here under Reconsideration-

This does not stop the NOD clock hopwever- you can file this along with ypur NOD or hold off the NOD until they make a decision on it-

They might allow the year to pass (NOD year) without a decision however-so the best thing to do is to mark your calendar- I filed this type of request but had to file NOD at last minute in 2007 on my CUE claims. They still have not handled the reconsideration request.

Tell them why they must reconsider based on your medical evience and then tell them why they were wrong.

Edited May 4, 2009 by Berta

[ruby]

If you have good evidence that they did not consider properly in the decision you can file a Reconsideration Request-there is plenty here if you search here under Reconsideration-

This does not stop the NOD clock hopwever- you can file this along with ypur NOD or hold off the NOD until they make a decision on it-

They might allow the year to pass (NOD year) without a decision however-so the best thing to do is to mark your calendar- I filed this type of request but had to file NOD at last minute in 2007 on my CUE claims. They still have not handled the reconsideration request.

Tell them why they must reconsider based on your medical evience and then tell them why they were wrong.

Thanks Berta, I was reading the board and it says you need new and material to file for reconsideration.

Hopefully they made a cue error.

[carlie]

Thanks Berta, I was reading the board and it says you need new and material to file for reconsideration.

Hopefully they made a cue error.

Ruby - New and Material applies to the re-opening of a claim.

You do not have to have N&M to file a request for reconsideration.

Being At This Point - you have no final unappealed decision - CUE is not even

for any consideration.

jmho,

carlie

[jbasser]

Ruby, scan the denial letter, wipe out your personal info and attach it to a PM. I sent you 1 b ut I would like to see the Denial. I have an Idea but but I need to verify it first.

J

[carlie]

ruby - from Hadit's search feature - Request for Reconsideration :

http://www.hadit.com/hadit_search_results....;sa=Search#1156

[Berta]

Maybe this case will help-

The veteran filed a Motion for reconsideration at the BVA-the CAVC remanded the claim-

http://www.va.gov/vetapp09/files1/0901772.txt

I was talking to a CAVC lawyer some weeks ago about how critical a CAVC remand can be and this is good example for anyone at CAVC as well as filing reconsideration-

CAVC awards are few and far between but a CAVC remand is actually good news.

A reconsideration request should- as well as a NOD- tell them why they were wrong- it could involve evidence that they ignored-just like a NOD should.

Evidence that is probative but that VA has to consider or even reconsider based on points in the Reconsideration request-

otherwise the VA can just say that the decision remains as there is no other evidence to alter it.

The CAVC's sole duty is to find any VA errors that could have prejudiced the claim.

In the above veteran's remand from the CAVC he/she has one more shot- as the remand has opened the door for more evidence to come into play.

The CAVC does not handle new evidence-they are only interested in the established record from the BVA.

That CAVC stuff I posted didnt have anything to do with the post here but it is often an overlooked point.