Have To Learn To Read And Comprehend

[stillhere]

I filed a NOD (letter) to the RO and requested a DRO review of my file.

Today I went back and read the denial of my reconsideration and found stuff that I guess I scanned over or just didn't understand

Below is what the said on my reconsideration:

We have reconsidered your claim for the effective date assigned for bilateral hearing loss since your requested a timely reconsideration. We notified you of our prior decision for bilateral hearing loss on July 16,2012. We have not received an appeal for this decision or a request for revision baased on clear and unmistakable error (CUE) with respect to the assignment of the the effective date in the decision .

A CUE is an error that is undebatable in that a reasonable mind can only conclude that the original decision was fatally flawed at the time it was made. For VA to consider your request for revision based on CUE, your must specify the factual or legal error you believe VA made with regard to assigning the effective date in our prior decision.

We will take no further action on your request until we receive this information or you clearly request an appeal of our decision.

I sent the request for a DRO on the 15th of July 2013 but it has not shown up on ebenefits yet I hope I am not to late.

Stillhere

[broncovet]

Did you send the appeal Certified mail return receipt requested???

It sounds like the VA is alleging you did not appeal within the required 12 months.

[Berta]

We have made the point here (I Sure have) Many Times....

that, when a Reconsideration request is filed, this does NOT stop the NOD clock.

I rattled off ,ad finitum, my Recon Request experience too here..... as the VARO responded to my reconsideration request on a CUE claim I filed, and subsequent responses I had made, with legal evidence, many times....so it appeared they were working on it but I filed my NOD within days of the NOD deadline ,because they were not working on it at all.....just pissing away my NOD time. ( with responses I have saved because their responses were absolutely absurd, indicating they didnt even know basic VA 101..I am still ticked off about that)

That claim took 8 years to be properly resolved,last year, by a different VARO, who actually read the CUE and the legal evidence.

"I sent the request for a DRO on the 15th of July 2013 but it has not shown up on ebenefits yet I hope I am not to late."

Did you make copy of and formally file the NOD prior to July 16,2012. and get a proof of mailing it to the VA?

I agree with Broncovet that it seems VA is saying you did not formally appeal the decision with a NOD.?????

If you sent the NOD prior to the NOD deadline , and can prove they have it, you need to argue that point right away because I don't see them giving you a DRO review if the NOD was not timely filed.

I send VA everything via USPS with a tracking slip. Then I go to the USPS web site and print off the status and deliver of whatever I send and I saave that and the PO receipt in case I ever have to prove I sent them what they never considered.

My House VAC testimony,during Shreddergate, included bright green and white copies of 53 USPS tracking slips,dated over a 7-8 year period,, with VARO Buffalo on them,

many for sending the same evidence, sent over and over again, which they deliberately ignored, shredded, or put in someone elses C file.

The new NOD form in my opinion can help alleviate prtoblems with VA saying they didnt get this and that as, in my opinion, the NOD is the first assault o0n the decision and I feel it can be short and sweet but I always included evidence to prove points I made in my NODs.

The new NOD form has a page count area to fill out...This way You and VA have accountability for the stuff you have sent to them.

Also the new form is easier for VA to associate with the file right away.

I think for decades we have always just put Notice of Disagreement on the top of a letter telling VA why we disagree with their decision.

Did you use the new form here at hadit for your NOD?

Edited July 29, 2013 by Berta

[TiredCoastie]

I filed a NOD (letter) to the RO and requested a DRO review of my file.

Today I went back and read the denial of my reconsideration and found stuff that I guess I scanned over or just didn't understand

Below is what the said on my reconsideration:

We have reconsidered your claim for the effective date assigned for bilateral hearing loss since your requested a timely reconsideration. We notified you of our prior decision for bilateral hearing loss on July 16,2012. We have not received an appeal for this decision or a request for revision baased on clear and unmistakable error (CUE) with respect to the assignment of the the effective date in the decision .

A CUE is an error that is undebatable in that a reasonable mind can only conclude that the original decision was fatally flawed at the time it was made. For VA to consider your request for revision based on CUE, your must specify the factual or legal error you believe VA made with regard to assigning the effective date in our prior decision.

We will take no further action on your request until we receive this information or you clearly request an appeal of our decision.

I sent the request for a DRO on the 15th of July 2013 but it has not shown up on ebenefits yet I hope I am not to late.

Stillhere

Hi Stillhere. I don't have anything to offer to help but your situation could look like mine in the near future. From the wording, it appears that there was a question regarding the effective date of your claim. Someone in a different post commented that he'd heard that the VA has no obligation to maintain the original date of claim if you submit a request for reconsideration rather than an appeal. Considering that VSOs really seem to like to go the "reconsideration" route prior to appealing, just wondering how the dates worked out in your reconsideration and original claim?

In my case, a DAV NSO put in a letter in June 2012 stating that I'd be submitting a claim shortly. He and the NSO who took over my representation both stated that this should have preserved the June date as the effective date of the claim. It took me until July 2012 to get an FDC into the system but the July date and not the June date became the effective date of the claim. Then this claim was effectively denied (10% increase for SC of tinnitus notwithstanding, which did nothing for my overall rating) at the end of December 2012. My request for reconsideration was submitted through the DAV in April. DAV, upon review of my C-file prior to requesting reconsideration, said that the mistake in not accepting the June 2012 date as the effective date was clearly a mistake (didn't use CUE terminology) and should be corrected in the reconsideration. DAV thinks that if the RO doesn't correct the date in the reconsideration, we'll have a case to do something about for that extra month's compensation...which sounds like the CUE from the letter you received.

I'm also battling them for hearing loss...

I don't know how close to your situation mine is, but sure seems similiar and really appreciate any heads up your case provides. Really hope the RO does the right thing by you this time.

[stillhere]

Called the 800# yesterday and got a call back. I wanted to know if my appeal did get to the RO or not. The operator said it wasn't in the computer yet but also said it can take up to 75 days before it shows. 75 days!! Wow! This is at the Roanoke regional office. Not sure if you guys think that is long or not but I find it totally unacceptable! Almost 2 1/2 months? Just shaking my head!

The guys/dolls getting out now will feel the wait longer for sure. This is plain stupid if you ask me!

[stillhere]

We have made the point here (I Sure have) Many Times....

that, when a Reconsideration request is filed, this does NOT stop the NOD clock. I know Berta I beat my one year by a sending it on the 15th of this month.

I rattled off ,ad finitum, my Recon Request experience too here..... as the VARO responded to my reconsideration request on a CUE claim I filed, and subsequent responses I had made, with legal evidence, many times....so it appeared they were working on it but I filed my NOD within days of the NOD deadline ,because they were not working on it at all.....just pissing away my NOD time. ( with responses I have saved because their responses were absolutely absurd, indicating they didnt even know basic VA 101..I am still ticked off about that)

That claim took 8 years to be properly resolved,last year, by a different VARO, who actually read the CUE and the legal evidence.

"I sent the request for a DRO on the 15th of July 2013 but it has not shown up on ebenefits yet I hope I am not to late."

Did you make copy of and formally file the NOD prior to July 16,2012. and get a proof of mailing it to the VA?

I agree with Broncovet that it seems VA is saying you did not formally appeal the decision with a NOD.?????

If you sent the NOD prior to the NOD deadline , and can prove they have it, you need to argue that point right away because I don't see them giving you a DRO review if the NOD was not timely filed.

I send VA everything via USPS with a tracking slip. Then I go to the USPS web site and print off the status and deliver of whatever I send and I saave that and the PO receipt in case I ever have to prove I sent them what they never considered.

My House VAC testimony,during Shreddergate, included bright green and white copies of 53 USPS tracking slips,dated over a 7-8 year period,, with VARO Buffalo on them,

many for sending the same evidence, sent over and over again, which they deliberately ignored, shredded, or put in someone elses C file.

The new NOD form in my opinion can help alleviate prtoblems with VA saying they didnt get this and that as, in my opinion, the NOD is the first assault o0n the decision and I feel it can be short and sweet but I always included evidence to prove points I made in my NODs.

The new NOD form has a page count area to fill out...This way You and VA have accountability for the stuff you have sent to them. ​I have a receipt that it was sent on the 14th so I am hoping I am good to go!

Also the new form is easier for VA to associate with the file right away.

I think for decades we have always just put Notice of Disagreement on the top of a letter telling VA why we disagree with their decision.

Did you use the new form here at hadit for your NOD? I did see the new form but did not use it. I used the letter instead like I have done the past 10 years dealing with the VA. Thank you for your reply.

Stillhere

[stillhere]

Hi Stillhere. I don't have anything to offer to help but your situation could look like mine in the near future. From the wording, it appears that there was a question regarding the effective date of your claim. Someone in a different post commented that he'd heard that the VA has no obligation to maintain the original date of claim if you submit a request for reconsideration rather than an appeal. Considering that VSOs really seem to like to go the "reconsideration" route prior to appealing, just wondering how the dates worked out in your reconsideration and original claim?

In my case, a DAV NSO put in a letter in June 2012 stating that I'd be submitting a claim shortly. He and the NSO who took over my representation both stated that this should have preserved the June date as the effective date of the claim. It took me until July 2012 to get an FDC into the system but the July date and not the June date became the effective date of the claim. Then this claim was effectively denied (10% increase for SC of tinnitus notwithstanding, which did nothing for my overall rating) at the end of December 2012. My request for reconsideration was submitted through the DAV in April. DAV, upon review of my C-file prior to requesting reconsideration, said that the mistake in not accepting the June 2012 date as the effective date was clearly a mistake (didn't use CUE terminology) and should be corrected in the reconsideration. DAV thinks that if the RO doesn't correct the date in the reconsideration, we'll have a case to do something about for that extra month's compensation...which sounds like the CUE from the letter you received.

I'm also battling them for hearing loss...

I don't know how close to your situation mine is, but sure seems similiar and really appreciate any heads up your case provides. Really hope the RO does the right thing by you this time.

My hearing lose claim was first denied in July of 1984 I recently sent a form 9 appeal to the BVA and won finally. But they only granted my effective date to 2008. I have started an appeal of the claim date and tried first with reconsideration and their response is in my first post.

My denial was based on a entrance exam and my exit exam both of which I feel were miss handled and miss read.

Stillhere