Reconsideraton

[Alb]

Can a reconsideration request on a granted award trigger another c&p?

[carlie]

It's possible.

carlie

[Wings]

x

x

x

Only if the BVA Reconsideration is granted, and then remanded back to the RO for further development --with clear instructions.

If it's a VARO motion for reconsideration AKA DRO process, then the RO can schedule another C&P Exam on their own motion. However, if it's the veteran that wants another C&P, s/he must show that the exam they relied on for a decision was inadequate (sp) for rating purposes.

Isn't this some #hit, does it ever end?! ~Wings

[carlie]

I think for actual "reconsideration" at VARO you must submit N&M evidence

to begin with.

jmho,

carlie

[12R3G]

You don't need N&M evidence for a reconsideration of an active claim (that is, one that is not final and has to be "reopened"). A reconsideration could quite possibly go back to the same rater that denied or low-balled your claim in the first place. You can (and really should) submit additional evidence, ask the rater to reexamine the file, and request a new C&P.

I filed a 21-4138 requesting reconsideration of my claim. I did submit an MRI and radiologist report to the VARO and had a new C&P which resulted in a staged award to 20% from 0%. The VARO did send the standard letter asking me to send any additional info for consideration, but did not require "new & material".

To be fair, I didn't ask for a reconsideration of any denied conditions, everything was at least 0% SC...still, if you are filing within the first year, shouldn't need N&M since it's still an open claim.

but to answer the original question--yes, a reconsideration can trigger a new C&P. Makes sense--you are essentially asking them to reevalute your open claim because they got it wrong the first time, and that could include the result of the C&P.

[carlie]

12R3G and Gruntdaddy,

I stand by my prior post.

"I think for actual "reconsideration" at VARO you must submit N&M evidence

to begin with."

We always try to provide the most correct information possible.

If you have a link that supports your thoughts that new evidence IS NOT required

for reconsideration on an active (non-final) claim, please post it.

I borrowed the information direct from very reliable source's.

carlie

"A request for Reconsideration is where a claimant has received a rating decision and may disagree with that decision, but has "new" evidence the Rating activity was unaware of at the time of their decision, and may think that the "new" evidence might result in a more favorable decision than the prior one. In this case the claimant has the one year appeals period to send in the "new" evidence and request that the Rating Activity "Reconsider" their previous decision. The claims folder would then go back to the Rating activity to be reconsidered and the RVSR would send out a new rating decision where the "new" evidence is considered and an new decision rendered. One thing to keep in mind is one MUST submit "new" evidence in order for the VA to "reconsider" their previous decision. Another reason one might consider the "reconsideration" approach is simply because a request for reconsideration generally goes faster then an appeal because the claims folder goes back to the RVSR and is worked according to the date of the request for re-consideration. If the request for reconsideration warrants a favorable decision, the effective date may be the date of the original claim, depending what the evidence submitted dictates . A request for reconsideration is simply "re-opening" a claim within the one year appeals period [(see 38 CFR, §3.400(q) for effective dates concerning reconsiderations)

Another topic concerning "reconsideration" is whether or not one should file a Notice of Disagreement (NOD) if the VA hasn't yet rendered a decision before the one year appeals period has expired. If one sends in "new" evidence within the one year appeals period and request a "reconsideration" of VA's prior decision, they better be 100% certain it will change VA's prior decision; If VA accepts it as a "Reconsideration" (which as stated before is a "Re-opened" claim), they must follow the rules and regulations for a reopened claim and render a formal decision unless one withdraw the claim prior to a decision being made. If they do render a formal decision they must notify you of this decision which means that they cannot then turn around and accept the request to reopen as a Notice of Disagreement because it is dated and received prior to the latest decision on this issue. The NOD must be received AFTER you have been notified of the latest decision on that claim. Reopened claims and NODs are not worked by the same people nor by the same administrative procedures. If one requests a "reconsideration" with the one year appeals period and then file a NOD before the one year elapses because VA hasn't made a decision on the "new" evidence, then one is asking that VA go through all the administrative procedures for a "reopened" claim up to and including a review by a Rating Specialist and then if the claim cannot be granted to just stop without a formal decision and send it back out to start reprocessing as an NOD. This would create an Administrative nightmare and simply cannot be done. If after requesting a "re-opening" of the claim you then file an NOD, the "re-opened" claim is no longer valid and whatever evidence you submitted with it will be considered as part of the NOD. As soon as the NOD is received on that particular issue, whatever it is, it MUST be worked under the appeal procedures. One cannot have both a reopened claim and an NOD on the same issue at the same time. In short, one must keep an eye on the expiration date for the appeal period so you could convert the "reopened" claim to a Notice of Disagreement (NOD) in the event a decision was not rendered before the appeal period expired. If you disagree with the decision and you aren't 100% certain that the new evidence will result in a grant, you cannot let that original appeal period run out. If the reopened claim is not granted and you don't submit an NOD within the appeal period for the first decision, you have lost the date of claim on that decision as a potential effective date. There are a limited number of situations where one should "re-open" the claim instead of filing an NOD, but these are few and far between and one must really, really know what they're doing when they make the decision to do this. The overwhelming majority of cases a Notice of Disagreement is the best path to take."

[carlie]

Back-peddling and editing.

carlie