Reconsideraton

[Alb]

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

[babyray]

I filed for a reconsideration claim because I was low balled. I didn't send N&M evidence because it was already in my c-file & rater overlooked it & admitted it to my DAV rep. He ask my Rep what did I want to resolve this & my Rep told him to go to my c-file & review my overlook c&p exam & give us a new decision. He did but it favored me so he ordered 2 more c&p exam & they came back much better than than the overlook one. So this is where we are at now, the rating board has it & we are waiting for a decision. Good luck. Chow!!!!

[Berta]

I feel that any time the VA fails to consider any pertinent evidence in a denial- the evidence they ignored is new and material enough to file for reconsideration.

I dont mean evidence they commented on then disregarded or rejected-I mean the stuff they sometimes list as evidence and yet often don't even list in the SOC and then they fail to consider it in any way whatsoever.

"New and material" can also be a strong internet medical print out or a highlighted part of a VA med rec- anything at all that they have not opined on yet.

[babyray]

I feel that any time the VA fails to consider any pertinent evidence in a denial- the evidence they ignored is new and material enough to file for reconsideration.

I dont mean evidence they commented on then disregarded or rejected-I mean the stuff they sometimes list as evidence and yet often don't even list in the SOC and then they fail to consider it in any way whatsoever.

"New and material" can also be a strong internet medical print out or a highlighted part of a VA med rec- anything at all that they have not opined on yet.

Thank you Berta. My VARO in New Orleans brokered my claim to the "Tiger Team" in Cleveland. They ignored my 2nd c&p exam & low-rated my claim using the 1st exam in which I filed a complaint against the doc perform it because it was inadequate for rating purpose. Please look at some of my other posts & they will explain everything in detail. Thx. Chow!!!!!

[blanco63]

hello, i use blanco63 but call me the sarcastic on. reconsiderations are the best and you don't really need any n&m, even a printout of your medicines from your pharmacy is n&m. in the last year, i went from 0% to 50% for migraines. first you get 0%, recon, 10%, recon, 30%, recon, 50%. so easy esp when philly is your varo, they are the best! i have my own system and it works plus i don't cry and complain. also, a few compliments go a long way. you should never use the words, i disagee or appeal, there are no need for dro/de novo reviews, dro hearings, bva, etc. unless you do not mind waiting 3 or 4 years. reconsiderations work great and rapidly. now i am waiting for my 0% for my 2 other claims for depression and heart problems and then recon and recon. this is my way, i like it, and it works. try it, you'll like it, john in pa.

[4myboys]

I feel that any time the VA fails to consider any pertinent evidence in a denial- the evidence they ignored is new and material enough to file for reconsideration.

I dont mean evidence they commented on then disregarded or rejected-I mean the stuff they sometimes list as evidence and yet often don't even list in the SOC and then they fail to consider it in any way whatsoever.

"New and material" can also be a strong internet medical print out or a highlighted part of a VA med rec- anything at all that they have not opined on yet.

I agree with Berta. I had my entire claim reconsidered by the VA back to 98, based solely on my original claim and the evidence submitted 12 years ago. We found CUE's that changed the outcome of my rating from initial claim. I did not have to submit new and material evidence; however, I had to highlight all areas of evidence not acknowledged/considered, but submitted in original claim.

I have also been told that once you open up a claim, you are opening up your entire record in which the VA has the right to review all SC disabilities. I'm not sure of the accuracy of this statement, but I have been told this by many VSO's.

[babyray]

hello, i use blanco63 but call me the sarcastic on. reconsiderations are the best and you don't really need any n&m, even a printout of your medicines from your pharmacy is n&m. in the last year, i went from 0% to 50% for migraines. first you get 0%, recon, 10%, recon, 30%, recon, 50%. so easy esp when philly is your varo, they are the best! i have my own system and it works plus i don't cry and complain. also, a few compliments go a long way. you should never use the words, i disagee or appeal, there are no need for dro/de novo reviews, dro hearings, bva, etc. unless you do not mind waiting 3 or 4 years. reconsiderations work great and rapidly. now i am waiting for my 0% for my 2 other claims for depression and heart problems and then recon and recon. this is my way, i like it, and it works. try it, you'll like it, john in pa.

I think you are correct about going the recon route, makes a lot of sense. When I got my low-ball decision in 2/09, I filed a recon claim the same month & now 5 months later I am about to get my decision. the rater saked me for N&M evidence & I informed them that it was already in my c-file. Also, I will not use the words "disagree" or "appeal" again. On this claim that I am waiting on a decision, I didn't agree on the 10% given on major depression disorder so I will file a recon on this disability. Thanks alot for your great insight. Good luck. Chow!!!!