Any Advice For Reconsideration Turned Down

[Denmaint7]

Hello all, I just got the wind kicked out of me today from V.A. letter. Any advice on next step would be great. I turned in my "new" evidence for the same condition I had filed earlier. I was discharged from ANG, I was discharged 08/Jan/2011 for obstructive sleep apnea. I had been under Dr's care for this while on active duty orders. I sent in as new evidence, color tabbed, documents showing active duty, and Dr,s letter agreeing that I was affected by this during these dates of service. I was on/off TDY's 120 days at a pop. from 2006 to time of discharge. I was also active duty USAF from 1981 to 1992. then, ANG 1995 to 2011. I know I had sent "new" evidence but they chose to not read it thru.

I need to know what to do and what to watch for in doing a NOD. I will go thru the hadit site further for info, just wanted to put this out there to see what info I can learn from to help me get what is fair from the V.A. That is all I hope to recieve....fair. Thanks, Denmaint7

[cooter]

If it's been under a year since the Reconsideration was filed, get you NOD filed now. The reason I say this is so you don't lose your EED. If it's been over a year, then you've lost it and won't start again till you re-open this claim, and if that's the case, you will need New & Material evidence. This info should be in the Reason & Bases section of the denial letter towards the end.

I would certainly do what Dot09 recommended as well.

Coot

[Chuck75]

It sounds like one of the reasons for the NOD is going to be that the VA failed to consider all available evidence.

As others have said, I'd have to look at the denial, and also the evidence in favor.

I have seen denied claims (including one of mine) that contained errors so obvious that the RO didn't know the regs/law, didn't take the time to read all the evidence, and may have been told up front to deny. In one claim the reason for denial wasn't even one that was imposed by law or reg, just a random RO generated "reason".

[Berta]

Chuck said:

"I have seen denied claims (including one of mine) that contained errors so obvious that the RO didn't know the regs/law, didn't take the time to read all the evidence, and may have been told up front to deny."

I can sure relate to that. This crap doesnt happen in a vacuum.

When I was talking to the NVLSP lawyer,the other day, who is reviewing my AO EED, she said the errors I experienced were "egregious"

but I didnt have time to tell her the whole 9 yards.

I got stuff like this too:

"In one claim the reason for denial wasn't even one that was imposed by law or reg, just a random RO generated "reason".

I got plenty of stuff like that over the 7 years my SMC CUE claim was pending.And even the 2010 RO award letter I got, based on my BVA award in 2009 was illegal- stating I was not eligible for any ancillary benefits. SAY WHAT????

Good thing I knew what money they owed me -otherwise they would have kept about a hundred thousand.

Nehmer awarded my SMC CUE too after 7 years pending.

I knew the day I filed it in 2004,that it would succeed, but I found that VA will do all they can to confuse and confound CUE issues.And they threw in attempts to get me to believe they were using some regulations that they made up.

This situation here regarding Denmaint might be a potential to ask them to CUE themselves under violation of 38 CFR. 4.3 and 4.6

but sure hard to know without seeing he decision.

"I need to know what to do and what to watch for in doing a NOD."

I view the NOD as the first avenue of attack (if a Recon request or CUE request is not acted on favorably by VA as the NOD deadline approaches.)

Although many vet reps will file a generic NOD, I have always told them in the NOD, with evidence atached, exactly why the decision was wrong.

If the NOD and evidence is probative enough, sometimes they will reverse based on the NOD.But it is hard to count on that, it doesnt happen often.

[Denmaint7]

Hello to all my friends here, I wanted to share this news as I just 03/05/2012,got a call from the V.A. but with 712 area code , not the standard 1-800 peggy. "They" asked to clarify what I was asking for in my "reconderation letter" to VARO. Even though I got last week a letter from them saying they were not going to re open my claim. They said I did not send any new evidence, therefore would not reopen. My problem is this ... I did send new letters from my DR stating chronic obstructive sleep apnea. "The very reason I got dis-charged last year! I also sent with color tabs to cordinated tabs to evedance showing me on active duty orders ,one over seas at Kunsan ab Korea. So, I guess it is now open after all. I hope this is a positive sign as the new evidence is abc 123 . I will continue to work on my NOD, I do have plenty of time 15 Nov, but I will get this ready to send soon. The V.A. rep said to wait to hear if they need any more clairfication at my RO. I dont know how long to wait but I will be pro active and get my NOD in order and see what you all think of this. Thank you all for your support and your service to the greatest country in the world. Please any tips and advice would help an old crew chief and his nerves! I want to bring it in safe and sound in one piece. Thanks you All, Denmaint7

[boomer2]

I would not wait around on the NOD send it to them ASAP "return receipt requested" and when you get the green card back showing they signed for it file it as well. If you wait then you may forget or think you already sent it.