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Is This A New Claim?

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MikeS

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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.

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"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.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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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.

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