How Do I Know

[basham]

I have a few claims in but my reconsideration is what my concern is. I call that 1-800-827-1000 number to find out what the status of my reconsideration is. A few months ago there was some confusion if I had put in for a appeal or a reconsideration. A NOD was sent to me requesting exactly what system I wanted to go with. I had the choice between a reconsideration, DRO or a traditional appeal. I choose the reconsideration. I had already notified them of that decision months ago. I just excepted the fact it did not happen even though I had already requested reconsideration and had received a letter from the VA saying they received the request. I have everything in as far as evidence and ready to have my claim reviewed. Well when I call the answer I get is that my "records are ready for review". Then I ask ready to be reviewed by who? I promise I can not get a answer to that question. Today the answer was "their handling your claim at the regional office in Columbia SC. Then I ask who is going to handle it? What is the next step, then i get the answer is "its ready to be reviewed" I can not get a answer as to who is going to review it. Its like a circle question. Can anyone tell me what may be happening. My reconsideration has been in since May 2011. I had a C&P exam for it in August 2011. My initial claim goes back to Jan 2010. I know these time frame is nothing compared to some people but my case has been cut and dry and ready for movement without any confusion or addtional informtion required. (Open, eviedence submitted, ready for review) Case closed or should I say case still open. Where and who is my claim ready to be reviewed by?

[carlie]

A NOD was sent to me requesting exactly what system I wanted to go with.

I had the choice between a reconsideration, DRO or a traditional appeal. I choose the reconsideration.

Lots of confusion here.

First off - VBA doesn't send NOD's to claimant's - claimant's are the ones that send NOD's to VBA.

Second - VBA does (edited to put) NOT send claimant's a choice between a reconsideration, DRO or traditional appeal.

VBA gives claimants the choice of a DRO or a traditional appeal.

[sharon]

What it looks like is you filled out a Form 9. If so, you have an appeal that is being handled at the Regional Office. In order to request a Reconsideration you must do so in writng with medical evidence attached to show additional information that would effect the outcome of the already adjudicated claim. Check and see if your claim is now an Appeal. If it is a reconsideratoin than it will be reviewed by the rating board. If it is an Appeal it will be reviewed a decision review officer (DRO).

[basham]

On filing a form 9. This is where the NOD comes into play. As I stated for months I thought i was under a recosideration and found out they were gathering information as I had submitted a form 9. This is when I sent another notice that I had submitted a request for reconsideration. I then received a letter.

"We received your written disagreement with the Department of Veeans Affairs(VA) decision of April 19,2011. Since the disagreement was received within one year of th decision, itwill be treated as a notice of disagreement. If you he new eviendence to submit, please write us back with ths evidence and we will treat this as a reconsideration. Please write us and let us know which of these options is your choice. If we proceed as an appeal , this letter describes what happens."

It then goes to say in bold letters " Will VA try to resolve my disagreement?". " This local VA office wil try to resolve your disagreement through the Post-Decision Review process. As a part of this pocess you must decide how you would like us to handle your appeal. You may choose to have a Decision Review Officer assigned to your case or to follow the traditonal appeal process".

These statements are exact as in te letter I received. The letter goes on to explain The DRO process and th traditional apeal process. I choose the DRO but as the letter said its suppose to be a reconsideration. So i hope you can see where I am lost and they are to. The ladie was correct i guess by saying the NOD has to be initiated by me, but they choose to use the term "NOD".

I had a new C&P done under this request along with adtional evidence from my VA Doctor. One other thing that was strange was the reconsieration was put in for increase from 50% Schizoaffective Disorder. When I went for th C&P exam it stated " EXMINATION TYPE: mental disorder".

The addtional evidence my VA Doctor submitted had me Diagnosied as Schizophrenia, PTSD, Major Depression and Suicidual Tendcy. He stated that my condition was severe and I was not able to work.(yes I have put in for the UID and the paperwork has been sent to the VA from my last employer). So I am only guessing that they just put them all together and called it Mental illness.

Please is there any advice as to where I am at with this and if it appears there could easily be confusion what should I do. I dont know what to do because you really have to read through the notes to see my reconsideration is ready for review. I have been calling everyday to try t find the answer.(hope that is not bad) The most I get if the person seem knowledgeable is my records are ready for review. I can't get the answer as to who is ready to review it.