Reconsideration Stage

[cooter]

It seems I've heard that a Reconsideration skips the Development Stage and suppose to go directly to Rating. Any truth on this?

[john999]

Well, if you ask for reconsideration the VA has to review and consider your new evidence before they can rate you. I don't think it they have to go all the way back to the beginning of the claim but I don't think it is that fast either. If vets are looking for a real short cut to getting a rating they want I don't think there is a short cut.

[BasehorVet]

I wouldn't recommend going the reconsideration route, I tried it and lost 10 months of waiting when the VA sent me a letter and informed me that if my intention was to appeal the denial, that I had 12 months to do so from the time of the denial.

I had 10 days to write and send the NOD, I guess I should be happy that they at least notified me of their intention to ignore my request for reconsideration and give me a few days to keep it going.

During the time it was in administrative review via ebenefits, I watched it jump from development to decision back to development and then back and forth a few more times with a couple of C&P exams thrown into the mix and finally it jumped from decision to closed without stopping in the notification stage and then I got a denial letter.

I asked for a De NOVO review and a DRO hearing.

Edited July 20, 2011 by BasehorVet

[COOL BREEZE]

A reconsideration claim still has to go through development. They review what evidence you may have submitted, ect. I have proof of this procedure.

When I had my last claim done, I filed for the reconsideration. A few months later I went ahead and requested a copy of my c-file. Since it took so long, when I finally got it there was a form from the development team notating what needs to be done with this.

This is what the form stated on the INTER-OFFICE FILE TRANSFER

DATE OF TRANSFER-11-2-2010

X-Pre-Determination 1

Transfer reason: Per Appeals DRO, bilateral nerve damage(feet)claimed 1/27/2010) was not addressed and referred back to PDI for decision. Additionally, veteran request reconsideration for BL hearing loss, functional heart murmur and cardiomegaly. New claim for BL tinnitus

Thanks,

Hand written on this form states CUE, eval heart murmur 30-60 per lvf 50% ptr ECO.

Rate tinnitus opinion in file

address nerve damage feet/pes plaus bl

I thought I would share this so folks here would have an example what goes on at the development team. And if you are lucky enough as I am to now have a copy of this(I can certainly use this as evidence for an appeal if necessary) you will have an insight what the rater will be looking for. The development team gathered exactly what is needed for the rater to make a decision. Now all I need is the rater to follow the recommendation to properly rate this sometime and I will be doing a very happy dance!!

[john999]

Cool

That is interesting and does fit in with my belief that there is no shortcut to get the VA to reconsider or appeal a decision. If you have new evidence to submit I think reconsideration may cut some time off getting a good decision. It is good to make up your mind as a vet very soon in the process which way you want to go.

[cooter]

At times I wonder if they put reconsiderations on the back burner till they have caught up with first time claims. My original claim took 6 months and the reconsider is taking over a year and still in the Development stage. My patience is still at ease, but for how long I don't know.

[COOL BREEZE]

At times I wonder if they put reconsiderations on the back burner till they have caught up with first time claims. My original claim took 6 months and the reconsider is taking over a year and still in the Development stage. My patience is still at ease, but for how long I don't know.

It appears you are correct. Last week a new response from the 800# indicated since I already have been rated, they are only working on claims for those that haven't been rated yet. So the agent orange excuse has now been replaced with this answer. I believe they have a list of different responses to give us, and after a period of time they update there responses to give us as much of a variety as possible. I am shooting to have my re-consideration claim decided with 1 to 1/2 years at the minimum.