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.

[Berta]

Rick- good point - the only way I figured out we could file Reconsideration Requests (there is no info at all on this in M21- or 38 CFR as to VARO level reconsideration requests- is that-

I studied how to file a Motion of Reconsideration with the BVA- and figured if this is good enough for the BVA I could try it at VARO level-

and I found that other claimants had done this too.

I am glad to see that others here were successful with this type of request!

John is correct-whether you ask them to CUE themselves or reconsider a decision- watch the NOD CLOCK!

This is NOT a formal request for a DRO review-it is in essense a request for someone to review the decision-who is literate enough to handle this type of request.Of it will be ignored- hard to say how VA will handle a request of this nature-

It should be written in strong confident terms as to what errors they made to your detriment.

Pilgrim the person who prepared your decision has their initials in the Re: on the right hand side next to the code for this specific VARO-

I suggest you call those numbers and Iris them too.

I have received 3 responses from VA since last Thursday when I raised hell about my award letter.

[pilgrim01]

Thanks, berta and vaf.

vaf,

Do you know what you did to get the favorable outcome?

berta,

I see the initials, but I have no way to tell who that is. When I do call and iris them, what do I say?

Does my file go to the bottom of the pile with this reconsideration? Again, it has been only 6 months since retiring and 2 months since I received my decision.

[Berta]

Get the VSCM on the phone or fax them or iris them and ask them how and when they are going to handle the Reconsideration Request.Tell them you expect expeditious treatment.

If you are OIF OEF veteran make sure you make that clear to them.

[pilgrim01]

If you are OIF OEF veteran make sure you make that clear to them.

Berta,

Actually tell them I want "expeditious treatment"? I don't want to piss them off so they can take even longer. :)

What does the OEF/OIF veteran do for my claim?

[vaf]

Thanks, berta and vaf.

vaf,

Do you know what you did to get the favorable outcome?

We pointed out to the VARO that they did not consider a lot of evidence that we initially sent in. Namely, IMO's and also the veteran's Social Security disability records, since he was granted SS disability as being unemployable. Also, they did not consider his tax returns for the two years between the time of his discharge and the denial he received. The list of evidence in the DRO decision was more than twice the length of the evidence listed in the decision to deny.

We also asked for P & T status, the VA didn't do that on its own. We shot for the stars, and thought this would have been a bigger struggle and have taken longer, due to the fact that the veteran is in his mid-thirties. However, he suffers from MS, along with the condition's secondary effects. They retro'd the difference between 60% and 100% TDIU back to July 2006.

Sometimes the VA gets it right, eventually... This veteran had been told by the DAV and the VFW to be happy with what he had, and that they couldn't help him. Someone previously said that they only take the easy cases, and I take that to mean the initial filings. Anyway, I'm so glad for this veteran that he doesn't have to worry about money and healthcare anymore.

[pilgrim01]

Thanks, for the info, vaf.