Reconsideration Vs Nod

[MikeS]

Hi all:

What is the difference between a NOD and a Decision Reconsideration?

Mike S.

[carlie]

There is a major difference between a NOD and a Reconsideration. A NOD is when a veteran files a Notice of Disagreement with a decision that was made on a claim they filed. A Reconsideration is a veteran asking VA to reconsider their claim but they agree with VA decision but have new evidence, it is Not a Notice of Disagreement. A NOD is the beginning stage of filing an appeal a request for reconsideration is not.

I would hesitate to state the words "new evidence" anywhere in the request for reconsideration, as this could

easily help the decision maker negate an earlier effective date, if the issue/s wind up being granted, thus applying the

effective date of the "new evidence".

I myself, would much prefer to at least use the words, additional evidence or additional information,

to try and preserve the earlier effective date.

With a request for reconsideration, you are in agreement with the prior decision but contend that with consideration of

this additional evidence/information, the issues warrants a grant of SC or a higher percentage, whichever the case may be.

Kind of like if I don't bring it up - VBA might not bring it up.

Also, while you are preparing, submitting and waiting on a response regarding your request for reconsideration,

your one year (from date of prior decision) to file a NOD, is still ticking away.

This time limit is not tolled or extended in any manner, due to your request for reconsideration and the VBA

is unforgiving on the time limits extended to the claimant.

[brokensoldier244th]

If you agree with their decision why would there be a need for a reconsideration?

[Philip Rogers]

I believe, reconsiderations are only done at the BVA level, after a claim has been denied by the BVA. Generally, a reconsideration is having another individual look at the "same evidence" (not new or additional evidence) to see if they come up with a different decision.

Anytime the VA receives additional evidence, prior to an appeal, they are supposed to make a subsequent decision. They rarely do.

pr

Edited April 12, 2011 by Philip Rogers

[Philip Rogers]

I agree. Good point!

pr

If you agree with their decision why would there be a need for a reconsideration?

[brokensoldier244th]

And, that is what a DRO review, does. To get my local RO to re-examine my denial, I had to file an NOD, then request a DRO review. Subsequent to that, if denied in SOC, I then file a form 9 if I want to pursue it, within 60 days, to go to BVA. Where I'm fuzzy is if I can submit additional evidence refuting aspects of the SOC and still have it reviewed locally first.

But...its not my thread so Ill shut up now. :-)

[Guest]

If you agree with their decision why would there be a need for a reconsideration?

Keep in mind by the time a veteran files a claim and VA makes a decision several months to a year could go by and the veteran could have more/new/additional evidence that VA did not use in their rating decision. A veteran can ask for a reconsideration at the VARO level if they have additional evidence that was not used. Example; a veteran claim is denied on 4/12/2011 but the veteran had a exam on 4/10/2011 that proves an increase is warranted but VA did not request or use this evidence in their decision. So without this evidence, VA made the right decision but because this is additional evidence and a decision was just made a veteran can ask for a reconsideration before filing a NOD. The request for reconsideration with additional evidence could be granted and avoid filing a NOD if the VA can process it within one year. If not the veteran would still have to file the NOD