Jump to content
Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. Many folks use Ad Blockers and I understand why, I would ask that if you want to support HadIt.com and help keep it online add HadIt.com website as an exception ×
  • 0

Is This A New Claim?


MikeS

Question

Hi all:

I submitted a letter of reconsideration July 2011 for the March 2011 denial of SMC Housebound benefits claim that I submitted September 2010.

The VARO is now calling it a NEW claim submitted July 2011.

I have until March 2012 to file a formal NOD to appeal that March 2011. But now I'm confused.

Is a letter of reconsideration a NEW claim?

I'll lose almost a year of back pay if they consider the letter of reconsideration a NEW claim.

The best the I can figure is the VARO can't process a letter of reconsideration as an appeal because no appeal was submitted. So, they have to treat the letter as a NEW claim. (maybe?)

Should I still file an NOD before March 2012?

Thanks,

Mike S.

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

4 answers to this question

Recommended Posts

"Should I still file an NOD before March 2012?"

Absolutely.

Even if they send you correspondence to appear they are acting on the request prior to March 2012.

The only thing that stops the NOD clock when this type of request is filed, is an award letter due to the reconsideration, that arrives before the NOD year is up.

Link to comment
Share on other sites

A reconsideration is always referred to by the VA as a new claim. However, once they have made a decision and it is in your favor, it will go back to the original date of the claim that your filed for. (you will get retro if you qualify for)

Please read my posts. I just got an approval for a reconsideration claim that actually was "Cued" as they screwed up and overlooked and failed to act on 2 claims. One that had medical information that would have gave me an higher rating, and the second one they just failed to do anything.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines