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

[Capt.]

Hello Berta, Excellant comment on the VA and their lack of acknowledging evidence or being probative. It seems that if the VA sees a way out of reading evidence that is submitted by the Veteran, it is easier to move the claim out of the way by saying that the evidence and Doctors statements are not probative. This will as you pointed out send it to BVA and then to COVA. All of this takes precious time and means REMANDS. That dreadful word that takes up more time. But it can as you said be a good thing because then it is brought to the attention of the courts and they compel the lower court or VARO to look at it and make a decision. Something they could have done in the first place which would have saved taxpayers dollars and much needed time. I am dealing with this also. Another favorite ploy is to attack the Veterans MOS compared to his actual duties or jobs. This will make the evidence,medical reports, opinions, test and any statements(SSOC 21-4138) "not probative" and can even cause the VA to ignore all the evidence the Veteran submits ,,,,,or by saying that this evidence "is not open for discussion". So this leaves the Veteran having to NOD , appeal the problem to a higher step in the VA process and then come those darned ol Remands. I believe every member at Hadit has plenty of their share of remands. You may be our resident expert on remands. LOL. If the VA decides that the decision stands , then the only way to get the evidence propelled forward for the Veteran is have it remanded by a higher authority such as BVA or COVA. I know that I am going to get to see this first hand , just as you and all of the members here have had to do. Ruby ,,,,, I would continue to FORCE the issue and present the evidence again with the reasons why. I believe that if you will that it is in the records that you did and will eventually get to someone who can read and force the remand or adjudicate your claim fairly. God Bless, NEVER GIVE UP. C.C.