I Confused On What To Do With My Claim?

[c&p man]

Well had a c and p exam april 2009 and and one cliam denied and one intial aprroved at 10%. i didnt know that you only had 60 days to do a reconsideration?...i know you have one year to file a notice of disagrrement which is an appeal... can someone give me advice on what to do ..let me explain ...i know the appeal's can take along time i heard 3 or more years...but i would have more retro back pay bc of the date of the original file would be covered by an appeal... i was thinking i could wiat 7 more months let the cliam die and refile so it would only take about 2 years total instead of an appeal that would take way longer....i just dont know i am so confused....

[jbasser]

It is wise to never re-file a claim that has already been decided ( It would be considered a reopened claim)and is still in the NOD time frame.

folks who do this often get crapped on because the VA loves to say you have no new and material evidence so the reopened claimis denied and you are now looking at years before the claim gets finished. FIle the NOD and ask for a DRO review. They may find something they missed and award the claim.

On the other side the official NOD tells them you dont agree with the decision and does start the Appeal clock.

Also look at the claim for VA errors. Also compare the entire thing to the regs. I know it is a bit of work but in th e end, you will be glad you did.

J

[pacmanx1]

Are you sure it's only 60 days to ask for a reconsideration. I thought a reconsideration could be asked at any time. If I am wrong someone will chime in or if you have something that says 60 days then I am wrong

[fanaticbooks]

Well had a c and p exam april 2009 and and one cliam denied and one intial aprroved at 10%. i didnt know that you only had 60 days to do a reconsideration?...i know you have one year to file a notice of disagrrement which is an appeal... can someone give me advice on what to do ..let me explain ...i know the appeal's can take along time i heard 3 or more years...but i would have more retro back pay bc of the date of the original file would be covered by an appeal... i was thinking i could wiat 7 more months let the cliam die and refile so it would only take about 2 years total instead of an appeal that would take way longer....i just dont know i am so confused....

You might want to look at my website. It might give you some ideas to put together for a NOD. Check the appeal section and then go over your C&P reports and the decision letter with a fine tooth comb. Look at what evidence was used or stated as not available and then go hunting to show the evidence IS available or refute the info quoted.

I did this for my hubby and along with getting him the correct percentage, VA also acknowledge a number of errors.

I wish you well,

fanaticbooks

http://www.howtoassemblevaclaims.com/index.html

[john999]

If you let the claim die you lose your effective date. File your NOD and ask for a DRO Hearing. You can gather new evidence while waiting. When you file for reconsideration you have to have new evidence. You still have to wait, and the clock is running. I think the rule is 60 days after a SOC or a year after a decision to file a NOD. If you are confused join the club. The NOD will start the appeals process, but most claims of any substance are won in appeals. The VA threw you 10% in initial rating and to get more you need to appeal one way or the other.

No speedy magic bullet. There is a healthy debate over reconsideration VS NOD/Appeal. There is no "one way" to do this.

[c&p man]

If you let the claim die you lose your effective date. File your NOD and ask for a DRO Hearing. You can gather new evidence while waiting. When you file for reconsideration you have to have new evidence. You still have to wait, and the clock is running. I think the rule is 60 days after a SOC or a year after a decision to file a NOD. If you are confused join the club. The NOD will start the appeals process, but most claims of any substance are won in appeals. The VA threw you 10% in initial rating and to get more you need to appeal one way or the other.

No speedy magic bullet. There is a healthy debate over reconsideration VS NOD/Appeal. There is no "one way" to do this.

Thank you all...i waited to hear from all of you before i responded back with anything..i do have new evedence from my poditrist since my c an p exam....i just didnt want to get into the appeal process as i know it can take years and years.... as i thought i could let the claim die after 7 more months and refile ....i know their is no quick fix in the va system.... i just did not want to get into appeal thing... i guess i will apeal it bc wiating is waiting ...like some posted i can just add medical eveidence along the way.....if anyone has a view on this let me know as i am going to decide this weekend what to do.....thanks agian for your time and post/

[Bonzai]

I found out that if you need more time to gather evidence, then you can ask for an extension of the time limit from the VA. It applies for the one year limit, but I don't know if it applies towards the 60 day limit.

Hope this helps,

Louis