Who Has Actually Done A Reconsideration, What Was The Outcome And How Long Did It Take?

[pilgrim01]

I just wanted to get an approximate timeframe in mind to relax my soul due to a Reconsideration I submitted. I just wanted to know, who actually has submitted one, what was the outcome and how long did it take? Keep in mind, I am still in my first 12 months after retirement. I submitted under the BDD Program. I retired Nov 2008 and my rating was finalized on 16 March. I submitted the Reconsideration on 14 April. Thanks, for reading.

[carlie]

pilgrim01,

Are you saying that

1) you submitted a claim to your VARO

2) you Disagreed with something in their decision

3) you filed a NOD

4) you Requested Reconsideration from the VARO ?

If the answer to # 4 is yes -

did you submit any New and Material Evidence with the Request for Reconsideration ?

Thanks.

carlie

Edited May 12, 2009 by carlie

[pilgrim01]

carlie,

Yes, I requested Reconsideration due to new evidence. Is VARO my Veterans Affiars Regional Office? If so, then yes, I did (through my AMVET rep).

Why, do you have more info for me?

Edited May 12, 2009 by pilgrim01

[Berta]

They can string out these Reconsideration Requests-hoping the NOD will not be filed in timely manner so they can deny and you lose appellate rights.

I filed one in 2006 on a 2004 decision on 2 CUE claims.By 2006 they acknowledged it but the letter I received was ludicrous so I asked for DRO review-

I was able to file the NOD in the final week of the NOD year, and also within the lawyer for vets regs-the same week that became law June 2007.

I only had a lawyer for about 3 weeks-I was uncomfortable with their approach.So the reconsideration request was still pending for DRO review after almost 3 years since filing it.

My recent decision from the BVA has made the CUE claims moot issues and they will be awarded under a completely different scenario.

Since the BVA granted my main issues , all 6 other claims I have had at the VARO must be granted.

But as you can see they would not award the CUE even based on the reconsideration request-and were attempting to string it out longer.

If you have the support of your vet rep-however-your request might go much faster-

[pilgrim01]

Thanks, for your reply, berta. I think under the BDD program I have certain privileges within my first year after retirement. You filed in 2006 for a 2004 decision. I am filing 5 months after retiring and one month after receiving my rating decision back. I think that makes a difference (atleast I hope).

[luvHIM]

I filed a recon in 2003, after a denial for sc increase... received an answer back within 4 months...still denied. Filed NOD within specified time in 2004...still denied...filed form 9 (BVA Appeal) in Spetember 2005.

Just won entire claim back dated to 2003 for some portions and back dated to 2007 for other portions...that were on a appeal. But process has taken almost seven (7) years to get to this point.

So, I don't know what to tell you...it works for some and not for others of us. And, what sometimes looks like a sure win to us is not to VA. Best regards!

[Eric_M]

Just an update on reconsideration. I called my contact at the RO today.

I can now understand how things get really messed up. It took him several minutes to figure out where my claim was, and who had been working on it. He was very concerned that other reps had been working on it, and not him. It sounded like it got seriously sidetracked.

He called me back, he found my file, got my last duty to assist letter attached and it's headed to the rater.

Should have decision by end of the month. We'll see.

Eric