Reconsideration Vs Nod

[MikeS]

Hi all:

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

Mike S.

[brokensoldier244th]

So, additional evidence submitted after a denial (in response to it) and an SOC would not be a reconsideration? FE-I am denied for sciatica in the SOC, but upon reexamination of my doctor to word the IMO correctly I am shown to have it, and it should SC. I send that in:

with my SOC to refute it-at the local level

or to BVA?

[Philip Rogers]

Yes, but it's not called a reconsideration, it's called a de novo review. Remember an SOC is not a decision but is just a statement of the case as the VA sees it. You could refute aspects of the SOC and request an additional decision, prior to the BVA appeal, but I feel they would probably just ship it to the BVA, where it would probably be remanded causing you a 2-4yr delay. jmo

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 received a SOC (Statement of the Case), you have already filed a NOD(Notice of Disagreement). VA will review any additional evidence and grant your claim or send you a SSOC(supplemental Statement of the Case) and if you still disagree then you have to file a form 9 to go to BVA

[john999]

Brokensoldier

I would ask for a DRO Hearing rather than a Review. The VA is famous for doing "cut and paste" reviews. At a hearing at least you get to look the SOB in the eye. I would not get too hung up on the reconsideration vs NOD thing. There is no short cut. You usually still have to find some more evidence or a better argument to win your claim if the VA denies it the first time. They don't self-correct on the basis of the same evidence. They "cut and paste" on the basis of the same evidence. If you lose at the DRO level and you find some new evidence you can ask for a personal hearing with somebody at the VA locally and keep trying. I have had two hearings on the same claim at the RO.

If all else fails then you go to the BVA. If that fails you go to the Court. The NOD is the very basis of the appeal

process and should protect your effective date. If you ask for a reconsideration I would type in Bold Print across the top "RECONSIDERATION REQUEST". The VA often gets NOD's and reconsiderations confused. Every poster is right and I tthink we are giving insight into the process. Just remember that the VA is really dumb.

[Philip Rogers]

To the best of my knowledge there is no reconsideration procedure at the RO level. If you are submitting additional evidence, after a decision is made, you must be disagreeing w/their decision (so it would be considered a NOD).

pr

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

[carlie]

I have read somewhere that after a claimant receives a decision from the RO,they have two options,

1) submit a NOD

2) submit new evidence for a re-open of the issue/s

I am not in agreement with # 2 above for one reason and I'm sure my thinking could be screwed up

BUT the way I see it is first of all in order to actually re-open a claim issue, the issue would need have

the status of a finally adjudicated claim.

Anyways,

I have not yet found anything showing that reconsideration is limited to only the BVA level.

This topic may end up having some good debate and better understanding.

§ 3.160 Status of claims

© Pending claim.

An application, formal or informal, which has not been finally adjudicated.

(d) Finally adjudicated claim.

An application, formal or informal, which has been allowed or disallowed

by the agency of original jurisdiction, the action having become final by the expiration of 1 year after the date of notice

of an award or disallowance, or by denial on appellate review, whichever is the earlier.

(See §§ 20.1103 and 20.1104 of this chapter.)

(e) Reopened claim.

Any application for a benefit received after final disallowance of an earlier claim, or any

application based on additional evidence or a request for a personal hearing submitted

more than 90 days following notification to the appellant of the certification of an appeal and

transfer of applicable records to the Board of Veterans Appeals which was

not considered by the Board in its decision and was referred to the agency of

original jurisdiction for consideration as provided in

§ 20.1304(b)(1) of this chapter.

(Authority: 38 U.S.C. 501)