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Reconsideration

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Hoppy

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  • HadIt.com Elder

I am considering filing a reconsideration due to the fact that there was no discussion of a re-diagnosis made by a clinician in the denial. I am not sure they read it because it was written up in VA treatment notes rather than summaries. It was not submitted separately because there was another report that met the nexus requirement. They ignored the nexus letter. They could not associate the nexus letter with the old SMR diagnosis. Now I am thinking that they really need to know why the doctor wrote the nexus letter. The doctor who wrote the nexus letter was aware of the re-diagnosis. However he did not specifically say why he wrote the nexus letter. Also he referred to the patients conditions in general terms. He just said that the SMR indicates that his current mental conditions are more likely than not service connected illnesses. The re-diagnosis is very import to understanding the merits of the claim.

I am also going to get new evidence. Probably go back to the primary doctor for a more detailed report. Should I wait to get the new evidence and file it all at once or can I submitt the evidence as it becomes available.

How long do I have to file the reconsideration request?

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  • HadIt.com Elder

I guess as long as it is before your time to file an appeal is.

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  • HadIt.com Elder

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x

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Appellant elects either the DRO review process, or traditional appellate review process without DRO review (VA Form 9).

Note: If the appellant does not elect the DRO review process on the NOD or within 60 days of VA notification of the right to this process, the appeal proceeds in accordance with the traditional appellate review process. See M21-1 MR, Part I, 5.B.5.

VSR, RVSR, or DRO conducts one of the following review processes based on the appellant’s choice: DRO review process, or traditional appellate review process without DRO review. See M21-1 MR, Part I, 5.C.

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