Nod & De Novo Review Vs Reconsideration

[Bonzai]

I have tried looking this up, but I am getting confused.

What is a De Novo Review?

What is a Request for Reconsideration?

Is a Notice of Disagreement (NOD) automatically one or the other?

[retiredat44]

When I first filed my claim it was denied right away.

I filed an NOD & requested a hearing. After the hearing I won a partial award of 30% & pension.

It seems they almost deny everyone the first time, so atleast folks should send in their NOD's to rebut the denials before appealing to the BVA.

As soon as you appeal to the BVA, your claim will just get passed back to the RO level anyway. It's better to try to get the RO level to work out their error's, before it goes to the BVA.

Everyone should read their denials carefully. Most are full of errors to outright lies from what i've experienced. Some can get worked out by requesting a local hearing at the VARO.

When you've exhausted your NOD's to the VARO, than file a form 9 and appeal to the BVA if you need to.

If you have to appeal to the BVA, it's a long, long road to travel. First it gets burried in the caverns of the AMC for years, before the BVA makes a final.

I agree, the lie and twist facts, and i am not just sayin it, I have absolute proof... how they can get away with the lies is beyond me.. they should al be fired.. and their hiring practices for the stupid morons should al be re-written..

I had to take my NOD's and clearly spell out my evidence so even a 3rd grader could read the evidence... they have al0l been consolidated into one DRO hearing request.. I will love to confront these liars in person...

I have had a DRO request in since around September 2009. But now the dro has been expanded to include one more NOD I just had denied..

My IMO is also listed along with my evidence to make sure they understand that there is an IMO (a frakkin huge IMO).

Sorry, if I ranted, but it is so outrageous and disgusting what the people get away with in the way they deny Veterans with blantant lies..

[fanaticbooks]

Talking with a VSO Thursday when he spoke to a meeting, he mentioned that "reconsideration" is not a word to be used for this aspect.

He said the correct term is "review of rating."

This is the person who negotiates with the VA for the American Legion veteran claims for all of Oregon.

Maybe that will help in researching.

[blanco63]

It's a request for reconsideration. I do not have a VSO. I do not need one. I do not want one. I am he. I did 3 requests for reconsiderations in 2.5 years. I submitted a letter from my doctor(ripping apart their same anti-veteran PA's C and P denying me reports) with each one of them and got an increase each time, 0 to 10 to 30 to 50%. As I have always stated, recons work, well, they have for me. Recons = Quick Cash. Believe me or not. Doesn't matter to me. I am doing one now telling the rater to review my claim and my psych's new letter and give me only 30% before I send it to the DRO and demand 70%. Bet you I get 30% before December. This is how you(I)get positive results. I'll write again in Dec.

[retiredat44]

I have found out a DRO through the San Diego office takes longer than 1 year, probably around 16 to 20 months..

[allan]

My DRO review took four yrs of needless delay.

You can file a NOD and have it go through normal VARO review instead of going through a DRO.

I believe after you file for Reconsideration or Notice of Disagreement, (NOD) than the process that follows is, review of previous rating.

There is a time line to file for Reconsideration or Notice of Disagreement. I would check very closely through the CFR's, USC's and M-Manuals concerning the legal filing of, "Review of Rating". If you file for the wrong thing and your time runs out to file for a NOD, you may end up SOL.

Other than the process the VA raters do after you file a written NOD, I've never heard of "Review of Rating" in the codes.

However, Reconsideration or Notice of Disagreement is there.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a12f5c3994699771c0c7cb663e408fee&rgn=div8&view=text&node=38:1.0.1.1.4.4.81.3&idno=38

(b) Unless the claimant has requested review under this section with his or her Notice of Disagreement, VA will, upon receipt of the Notice of Disagreement, notify the claimant in writing of his or her right to a review under this section. To obtain such a review, the claimant must request it not later than 60 days after the date VA mails the notice. This 60-day time limit may not be extended. If the claimant fails to request review under this section not later than 60 days after the date VA mails the notice, VA will proceed with the traditional appellate process by issuing a Statement of the Case.

Edited October 11, 2010 by allan