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?

[carlie]

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.

So does this mean that you did not file a NOD on the issues you requested reconsideration on ?

I hope not.

JMHO

[cooter]

So does this mean that you did not file a NOD on the issues you requested reconsideration on ?

I hope not.

JMHO

I understand your concern and I should have written in more detail. lol. I should of realized by not mentioning the whole situation it would of created some "flags". I did file an NOD 2 week's prior to the deadline. I was trying to make the conversation short but backfired on me. Sorry about that. In my own mind I was saying that 2 weeks before the deadline of 1 year it was still in the development stage and (should of mentioned "IF I didn't file the NOD") it would still be there. As of now, it's been 8 day's since the clock stopped.

[COOL BREEZE]

As long as you have submitted the reconsideration claim within 1 year of the original claim you are fine. You don't need to file NOD or anything else unless you want to delay your claim indefintley. Your reconsideration claim if the medical evidence proves the VA made an error will go with the effective date of the original claim. I obtained this information from numerous good sources including those that are raters who also post on here as well. I have proof as posted earlier as well.

The VA is extremely back logged. All the additional paperwork will delay even further. My reconsideration claim is noted in my e-benefits as a new claim-noted in the inter dept form as a reconsideration claim. That is all I need. When they get to it, everything has been noted so they will rate it according to the evidence that the development team has noted back to the original effective date of the previous claim.

The NOD would be used if they decided against your reconsideration. You would hold that in reserve.

We have to be patient. All the phone calls, IRIS forms will not speed up the process. I have gone through all that plus some.

We will get our claims processed eventually, it will just be longer than we would like,.

Keep in mind, we have over 10.000 troops coming home shortly. They will have many claims as well that will clog the system up even further.

Edited July 21, 2011 by COOL BREEZE

[carlie]

As long as you have submitted the reconsideration claim within 1 year of the original claim you are fine. You don't need to file NOD or anything else unless you want to delay your claim indefintley. Your reconsideration claim if the medical evidence proves the VA made an error will go with the effective date of the original claim. I obtained this information from numerous good sources including those that are raters who also post on here as well. I have proof as posted earlier as well.

The VA is extremely back logged. All the additional paperwork will delay even further. My reconsideration claim is noted in my e-benefits as a new claim-noted in the inter dept dorm as a reconsideration claim. That is all I need. When they get to it, everything has been noted so they will rate it according to the evidence that the development team has noted back to the original effective date of the previous claim.

We have to be patient. All the phone calls, IRIS forms will not speed up the process. I have gone through all that plus some.

We will get our claims processed, it will just just a considerable amount of time.

Keep in mind, we have over 10.000 troops coming home now. They will have many claims as well that will clog the system up even further1

CB and All

The above information is not correct !

Claimants have one year from the date of the Rating Decision to file a NOD.

A request for reconsideration will not hold up as a NOD being filed.

The claimants correspondence to VA must meet their criteria of a NOD.

A request for reconsideration is basically an agreement with the prior decision that was made

BUT WITH CONSIDERATION OF ADDITIONAL EVIDENCE BEING SUBMITTED and factored

in for reconsideration, of the prior decision.

[john999]

If it were me I would file a NOD when time on my reconsideration got short. Why would you want to risk the VA making your denial final based on some deadline you may or may not have met? We have talked about this NOD vs Reconsideration many times. From all I know the NOD deadline does not stop running just because you file for reconsideration. Your NOD must be in writing and I would not trust anyone to file it for me. Reconsiderations are based on new evidence to my weak understanding. Depending on the VA to find an error in their own decision is iffy. You are asking the same people who denied you the first time to rethink their denial. If you don't have new evidence you are making them look bad. I think if you send in reconsideration the VA will complete it even if it goes beyond a year but they may deny you. A reconsideration is not the same as a NOD. It is just risky to not file a NOD at some point.