Reconsideration

[Philip Rogers]

There's been recent talk about a "reconsideration" at the VARO level. I, for one, disagree with the thought of it, at the VARO(RO) level. I cannot find anywhere where it's allowed/considered. Please correct me if I'm wrong or have missed something. I do know, and I say that because a wonderful poster here, the late Alex Humphrey, Esq., 5th SFGA, 1964-65, and a great friend to veterans, here, would always recommend that any reconsideration be avoided because, if it were done, it would be routinely rubber stamped, by the same person, although illegal, as valid and if disagreed with sent to "appeal hell"(my wording), thus causing a 3-5 yr delay. I only regret not meeting Alex, in person! jmo

pr

Edited April 16, 2011 by Philip Rogers

[Philip Rogers]

This is just my opinion, but, as pete992 pointed out, the VA will consider the new evidence. That being stated, I believe a reconsideration would be the exact same evidence but reconsidered, which I believe will be rubber stamped, for the reasons I previously stated. If new evidence is added it is no longer a reconsideration, it would technically be a NOD, w/new evidence. The VA is supposed to consider the new evidence and either approve the claim or issue an SSOC. What I've found is the VA routinely denies it, again, and issues an SSOC, thereby sending it to appeal hell and getting credit for completing another claim, for the rater. Again, jmo.

pr

Edited April 16, 2011 by Philip Rogers

[Philip Rogers]

Carlie, just to clarify something: One cannot reconsider something they have never seen, so I would change the word reconsideration to consideration. It's like an allergy, you cannot be allergic to something you've never been exposed to(except maybe work but then I don't think it's really an allergy, lol). Other than that I think it's very well written.

pr

Well , if I should find myself in this position down the road

I believe this is how I will handle it.

To VA:

In response to your rating decision dated XX/XX/XXXX that denied/lowballed SC for XXXX.

Please consider this as my NOD with the decision above.

I agree that with only the evidence listed in the decision, the claim was not able to be granted or the higher

percentage awarded.

I am now submitting additional updated medical evidence/information (please see attached 12 pages) and contend

that should the RO apply this additional evidence/information for reconsideration of the prior denial/lowball,

my claim issues will be shown as fully supported to merit a complete grant of benefits sought.

If during reconsideration of this additional evidence the prior decision remains denied/lowballed then

please also consider this submission to contain my request for an in person Hearing with a

Decision Review Officer, to be scheduled at your earliest convenience.

I am in hopes these issues can have a timely resolve and not have to continue with

inefficient piece meal adjudication, which is neither beneficial to either the valuable resources of the

RO nor myself.

Please note: The Courts have concluded that VA disability compensation falls under the category of property rights.

[MikeS]

You guys are the BEST.

Because of you ALL, I learn so much!!

Thank you all,

Mike S.

[carlie]

My goal would be to get the additional evidence/information reconsidered in conjunction

with the evidence/information that is already contained in the prior denial.

Example:

Rating Decision Dated 12/02/2005

Issue:

Claim for PTSD

Evidence :

SMR's

C&P dated 05/05/2005

Decision :

Claim for SC of PTSD is denied.

Reasons and Bases :

Although your stressor for PTSD has been conceded, you do not

have a diagnosis of PTSD that meets the criteria of DSM-IV.

C&P examination dated 05/05/2005, the examiner states that even though your

combat stressor has been verified, you show symptoms of anxiety and depression

but you do not meet the DSM-IV criteria for PTSD

Your claim for PTSD is denied.

But the claimant has a copy of Progress Notes from their VAMC Psychiatrist dated 11/15/2005 that states :

The veteran experienced multiple traumatic events during their second tour of duty in Iraq to include attacks from mortar rounds and IED's as evidenced by the awards contained on the DD214.

It is my medical opinion that this veteran has a diagnosis of PTSD and fully meets the criteria of DSM-IV.

The veterans reoccurring symptoms are inclusive of Occupational and social impairment, with deficiencies in most areas, such as work,school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation.

VAMC reports clearly show three admissions for suicide attempts dated,

XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, (see attached).

The veteran has been fired from their last two employments due to outburst of anger and threats of homicide.

The veteran began vocational rehabilitation but had to be removed from one class due to throwing his chair and destroying a computer monitor.

This led to his arrest for destruction of school property.

The veteran was incarcerated for 12 days and is now on one year of probation.

This veteran has obsessional rituals of pulling a knife on others every time he washes his hands,which interfere with routine activities. This is evidence in the police report from Bay Pines VAMC (see attachment).

At times during treatment the veterans speech is intermittently illogical, obscure, or irrelevant; and he appears to be near-continuous panic with depression affecting his

ability to function independently, appropriately and effectively; the veteran has impaired impulse control (such as unprovoked irritability with periods of violence);

spatial disorientation.

Each time this veteran has arrived at our scheduled appointments I observe a severe neglect of personal appearance and hygiene. The veteran has arrived for appointments with dried snot on his face and what appeared to be spaghetti located in his beard,

he appears both unclean and unkept.

My prognosis for this veteran is quite poor as he continues to have difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships as evidenced by past three divorces and as stated above, termination from several places of employment with outburst of anger in an

educational setting which resulted in arrest.

Even with continued one on one therapy and medications inclusive of Remeron, Clonazepam, Risperadol and Trazadone, I see no objective evidence that this veteran will ever be able to hold substantial gainful employment of any type.

It is my medical opinion that due solely to this veterans severe PTSD, his occupational and social skills hold little to no chance for improvement.

** NOW - if this were personally my claim or someone I was helping, I would submit it, (along with the following),for I would want the decision reconsidered by factoring in the additional evidence/information along with the evidence already of record.

This is only my opinion and how I would address this situation.

Please consider this as my NOD with the decision above.

I agree that with only the evidence listed in the decision, the claim was not able to be granted or the higher percentage awarded.

I am now submitting additional updated medical evidence/information (please see attached 12 pages) and contend that should the RO apply this additional evidence/information for reconsideration of the prior denial/lowball, my claim issues will be shown as fully supported to merit a complete grant of benefits sought.

If during reconsideration of this additional evidence the prior decision remains denied/lowballed then please also consider this submission to contain my request for an in person Hearing with a Decision Review Officer, to be scheduled at your earliest convenience.

I am in hopes these issues can have a timely resolve and not have to continue with

inefficient piece meal adjudication, which is neither beneficial to either the valuable resources of the RO nor myself.

Please note: The Courts have concluded that VA disability compensation falls under the category of property rights.

[Philip Rogers]

Okay, Carlie, I'm gonna drop the topic, on my end, cuz I think we're just going back and forth over the definition of reconsideration. Anytime the VA receives additional evidence they are "supposed" to consider it and issue another decision, however they rarely do, if the decision's already been made. As for the claim I'd request another C&P, because I don't feel the VA will allow the claim until their C&P doctor gives a PTSD diagnosis. An IMO could certainly help expedite a proper decision. jmo

[carlie]

I guess we can just chalk it up to semantics.

XO