Cue, Nod, Recon Question

[Notorious Kelly]

I want to appeal just one item in my denial.

I know for Reconsideration you must submit new evidence.

What's confusing is the denial makes no mention of evidence from C & P, other info I sent them etc.

I read that submitting the same evidence delays your claim, so I'm confused whether to file a Reconsideration using the same evidence, a CUE calling attention to the evidence, or a NOD.

I researched some previous posts before asking but it just isn't clear to me.

Thanks!

[broncovet]

While I agree with John in that a NOD does NOT require the VEteran to specify which issues he is disputing, the Veteran MAY exclude some items in the NOD from appealate review, if he elects to do so.

If you read BVA decisions, they always state the issues such as:

1. Veteran disputes denial for hearing loss.

2. Veteran contends he is entitled to an earlier effective date.

Then the BVA will go on to address these issues.

In my BVA decision the BVA stated to the effect that the record shows the Veteran has had symptoms of tinnitus and may consider applying for tinnitus.

Edited November 4, 2010 by broncovet

[Notorious Kelly]

Thanks for your additional input.

I'm filing a NOD for specific issues where evidence was not mentioned.

[john999]

Kelly

If the VA did not mention evidence in your rating decision I think you have a good shot at the appeal. Did the VA exclude the evidence and would the evidence have made a significant difference in the outcome of the decision? Contrary to what some think if the VA does not reference the evidence in the decision the BVA will probably say that there is no reason to believe the VA considered it. If it was me I would try and get more evidence while you wait. Just bury them in evidence if you can and if it means money.

[Notorious Kelly]

Thanks, John.

I reviewed the evidence yesterday and it looks substantial and compelling on its own. I don't really have anything to add to it.

It's tough to tell what the VA considered based on their terse list of evidence on the decision.

It isn't so much money since I'm at 100% but I don't want the situation left as it is.

I think it'll work out fine.