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?

[allan]

Reconsideration under title 38 United States Codes

http://uscode.house.gov/uscode-cgi/fastweb...%20%20%20%20%20

http://uscode.house.gov/uscode-cgi/fastweb...%20%20%20%20%20

http://uscode.house.gov/uscode-cgi/fastweb...%20%20%20%20%20

http://uscode.house.gov/uscode-cgi/fastweb...%20%20%20%20%20

[allan]

§ 3.2600 Review of benefit claims decisions.

http://ecfr.gpoaccess.gov/cgi/t/text/text-...1.3&idno=38

[john999]

I really don't think that there is any shortcut to getting a good outcome on a VA claim. Reconsideration, Nod, DRO, BVA ....all take time. You can win or lose every step of the way. Ask Berta!

[tssnave]

John - Amen!!

Allan - Thanks for the posts. The other reason that Reconsiderations at the VARO level bothered me is that you still have to send in your appeal within the 1 year time frame and let's face it, we are talking about disability claims here so we are all walking wounded in one way or another and who knows how you will be doing right before the 1 year appeal period ends? It always made more sense to me to just get it done as an appeal up front. So far as I know, a Reconsideration doesn't go to the front of the line in front of an appeal so I don't see the overall value. However, having said that, I have read on hadit where it has been successful for some vets which is why I've tried to find it in the M21-1MR manual to see what process we can expect the VA to follow.

Thanks!

TS

[allan]

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.

[Pete53]

I believe with all my heart that every time you have ameeting concerning your claim you are helping your self over the long haul.

As our star Lawyer Alex used to say take every bite of the apple that you can.

Even if you lose at DRO and it takes a few months its a better Statement of the Case and a map on how to win your claim. That is what is so obvious the VA not you VSO tells you how to win your claim.