Oifvet - Newbie Looking For Help

[OIFVet]

How do you get a reconsideration without filing a NOD?

My VSO and comments on here say submit new medical evidence. However, the VA has my entire medical service treatment record with all the pertinent medical evidence for my claimed conditions. I shouldn't have to submit any new evidence as the evidence exists and I am not confident it was reviewed appropriately.

There was at least one DBQ that did not have everything checked that should have. (the VA sent my file to a contractor which sent me to get exam done via DBQ's by non-VA providers) An example was my Hiatal Hernia with GERD rating. I was rated at 10%. After reading some appeals cases, I should be at 60%. I told the provider that I thought frequent epigastric distress should be checked. He said he didn't know what they meant by that and it went left unchecked. I think this is why I got 10% versus at least 30% but should be 60% when I compare my symptoms to those that won 60% on appeal.

[carlie]

OIF,

I split your question off from the OP's

and started a topic for YOU.

[Notorious Kelly]

I believe you can request a reconsideration without going the NOD route. Check with your local VARO.

[meghp0405]

1st and foremost, write the VA and obtain a copy of your C/P exam. This will tell you everything the C/P examiner used in his/her determination of your exam.

the VA is doing away with the "reconsideration" route. We haven't used it in months.

I would take a DBQ to another Doc, have it filled out in its entirety, discuss the reasons why you disagree with the denied items with your doctor and have your doc write a letter to address your concerns. Let your doc write the letter for you, it will carry more weight than if you did yourself (unless you are a medical authority).

Once you obtain these documents, submit an NOD, VA FM 21-0958 (no way around that one). You have one year from the date of your claim.

good luck...