Nod Or Reconsideration While Part Of Original Claim Is Still Deferred?

[Thad]

Would anyone know about this?

I'm considering either a NOD or a "Request for reconsideration" on what was denied on an original claim, but the VA still has other conditions like IVDS listed as "deferred" in their initial award letter. No evidence that they're taking any actions at all on what was deferred.

1) Can I (should I?) NOD/RFR on what was awarded, or does that mess up what is deferred?

2) Is there a way during NOD/RFR to say "just decide the IVDS on what you have"?

Thanks, as always I appreciate the experience of those who've walked the path before.

Steve

[JamesBreckenridge]

Would anyone know about this?

I'm considering either a NOD or a "Request for reconsideration" on what was denied on an original claim, but the VA still has other conditions like IVDS listed as "deferred" in their initial award letter. No evidence that they're taking any actions at all on what was deferred.

1) Can I (should I?) NOD/RFR on what was awarded, or does that mess up what is deferred?

2) Is there a way during NOD/RFR to say "just decide the IVDS on what you have"?

Thanks, as always I appreciate the experience of those who've walked the path before.

Steve

I would know a little something about this.

How long has it been since you were notified of the decision? Less than a year? You want to get either your NOD or your request for reconsideration in within that year; that way, the VA uses your original date of claim (most likely) as the effective date in case you wind up getting something compensable. If you think you have the evidence that says that the VA got it wrong, YES go ahead and submit it and request reconsideration or an NOD right now!

Your original claim is still "open" in the VA computers. Some of the issues were decided, but some were deferred. ANy appeal/disagreement/reconsideration will have nothing to do with the issues that are currently deferred. If things go the way they usually do, you will get a separate rating decision that addresses your deferred issues once whatever caused them to be deferred in the first place has been taken care of (such as waiting on evidence). Your reconsideration could be considered on the same rating if all the evidence that supports your claim and a grant were in before the deferred issues got finalized. That's not how I would do it, though. I'd get production points for handling your deferred issues, and then more production points for handling your reconsideration request, since they are handled as separate "end products" in the system. (In this context "end product" is just another way of saying "part of your claim).

You could send in a "VCAA Notice Response" or even call in and ask a VSR to document on a Form 119 (or whatever the new replacement is) that you do not wish to wait for additional evidence to arrive from wherever we're requesting it, and wish to waive all time periods, and to go ahead and just make the decision based on what's in the file.

Hope that helps.

[Thad]

Very helpful, James! I just got the original rating letter a month ago, and am trying to see exactly what I can pull together in the way of new evidence on some of the denied issues, but definitely will not wait long.

I like your idea of "production points" and getting the deferred stuff settled first if possible. That would also help if the deferred IVDS is SC'd and helps support showing DDD/DJD in other body areas.

Thanks,

Thad

[JamesBreckenridge]

Very helpful, James! I just got the original rating letter a month ago, and am trying to see exactly what I can pull together in the way of new evidence on some of the denied issues, but definitely will not wait long.

I like your idea of "production points" and getting the deferred stuff settled first if possible. That would also help if the deferred IVDS is SC'd and helps support showing DDD/DJD in other body areas.

Thanks,

Thad

What the hell is IVDS anyway?

And what are you asking for a reconsideration on, and why was it denied the first time around?

[Thad]

James,

Sorry, I was trying to keep the post short, and only ask about what hadn't been answered in http://www.hadit.com/forums/index.php?showtopic=33211

One reconsideration example is VA denying left knee but SC'g the right knee (both post-TKR).

Deferred IVDS is "InterVertebral Disk Syndrome": VA's name for degenerative spine problems.

Thanks again,

Thad