Request To Reconsider

[david walker]

I have a claim that was SC at 0%, my SO sent in a request to reconsider. Will the VA schedule another C&P?

[Berta]

David- many here will agree that 0% SC is often a LOT better than any NSC rating.

It means the VA has acknowledged a SC disability but they find it does not meet the level of anything ratable-

Say vet gets 0%SC for asthma-in 2001.

the symptoms, affect to their employability etc do not warrant a higher rating than Zero.

Then in 2002 they are hospitalized for severe asthma attack and the docs say they also have developed lung condition directly due to the asthma.

Then say they have allergies that are being affected by the asthma- (I am making this all up of course)

lets say the allergies are so bad that they can no longer work in a print shop where they had been employed due to the chemicals in print shops-

(I stay away from that too and even xerox machines-cleaning product aisles in stores-I have allegies)

This vet could NOD the 0 SC - or re-open their claim-with new evidence.

OK I made that example on the asthma vet up-

I am not making up this---

On a Request for reconsideration-

a very good vet rep friend of mine made a critical error some years ago in asking the VARO for a reconsideration of a claim.

The critical error was that neither he nor the vet filed a NOD as well as the Request for Reconsideration.

This still bothers him a lot- Our VARO is so far behind that he doesn't know how the Recon request will go-

they did acknowledge it-

BUT- last year I saw in the VBM that only the NOD protects the EED- the request does NOT protect it-

He is scared that the request for re-open will go through- it was pretty good claim for re-open- BUT he failed to protect the veteran's EED.

Much of the potential retro has probably been lost.

This is a dedicated vet rep- but he failed to search for info on VARO reconsiderations before he did this.

PLEASE do not fail to file a formal NOD regardless of the Recon request-

Bill Smith , an attorney at the Prodigy Veterans BBS in the 1990s made this point hundreds of times to the electronic veterans there.

Gwen, Alex, Peter all know who I mean-Bill Smith is on BVA decisions.

File the NOD as well as the recon req to protect your proper EED.

If the NOD time did pass- maybe there is something this SO could do-

please let me know-

Geeee -could it be the same one I know -are you in NY State?

Probably not same one -----

Edited March 29, 2006 by Berta

[david walker]

Good to hear from you Berta. Glad your still here. My SO told (may or may not be true) the RR stops the clock on the NOD. Who knows I kinda get the feeling he's made a judgement call and decided I have gotten what I deserve. It may be time to go it alone.

[Berta]

David- I will get back here to you on this-

what I read in the VBM caused me great concern- maybe I am an error on that-

but the vet rep friend of mine seems worried as to what it said too-

I will get off here and double check-----and come back on----

PLEASE dont give up your claim-

Maybe he just wants to get you out of his hair-

I had a NSO who did that to me-no faith in my claims-no help whatsoever-

years later

I showed him my award letters in front of his vet org's lawyer-it was the DAV-

The DAV is wonderful and I am a supporter -just got the supporter thing from them that you can frame-

It is beautiful.

It is only some of their NSOs that are problems-these few lousy NSOs hurt their entire image-

Their NSO department is only one part of the DAV-they are really great as a veteran's organization.

I gave money to their van fund at the local VAMC.

Many of my vets need that van for transportation.This is a rural environment-

I havent seen a bus in over 20 years.

I will check out what the VBM says and get back here-

[Berta]

OK- this is what it says-

If this is a Request for Reconsideration on a BVA decision- that is OK.

If this was that type of request with a VARO they should probably have contacted you by now-

to clarify if this was a NOD-38 CFR Part 19

In order to stop the clock-they need to receive any written communication that can be "reasonably construed as a disagreement" with the decision and also a desire "for appellate review" the point Alex always makes here about NODs--

then the VA should consider this recon request as a formal NOD-and probably ask you to clarify it-

does the 800# show it as a NOD filed? or have you asked the VA query system?

All might not be lost- but this wasn't a decision under the old 'not well-grounded' stuff was it?That is different story-

If so it would still be a re-open- possibly- all depends on how the VA has viewed this Recon request-

Do you have an actual copy of this filed request to show the SO actually did this and sent it to the VA in your behalf?

Documentation means everything-I wonder what he sent and whether he really sent anything to them.

Also did you send to them yet, the medical evidence to support a higher rating then the Zero?

There is only one CAVC listed in the VBM about this type of situation- I have not read it yet-

Most important thing you can do is contact the VA through the query at www.va.gov or the 800 # and see what they considered this request to be ad tell them it was your NOD and you want to clarify it.

[david walker]

Thanks Berta, I'll do some checking. I wanted to file a NOD but my SO said the RR was the best way to go. I have heard nothing yet. He typed the papework and sent it end I just gave him my med info. the 800 only show I filed a RR and they advise I would more than likey be scheduled for C&P. I file like they totally ignored my documentation I sent in and this claim was not addressed during my first C&P. They claim wasn't even discussed yet they came back with a 0% rating. Thanks Berta your the best friend a Vet can have.

[Berta]

C & P- ooops I missed that before David-so it sounds like it is definitely going to be OK- as a re-opened claim-

I am just worried about that retro that you might have lost---the retro EED now might be the day they got the RR.

Thank you- one thing veterans need for sure is good and supportive friends.

(added this to edited post----now I am re-thinking the RR they might have well considered as your NOD-I think you have saved the EED! But I dont think vet reps should file RRs though-a formal NOD is always the best way to go. )

Edited March 29, 2006 by Berta