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Nod, Dro, Traditional Appeal, What Oh What Should I Do?

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63SIERRA

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There was a very good discussion on the appeals process on the recent Had it radio show. one of the topics discussed the actions possible to take once you get your denial . Heres what I did. I filed a notice of disagreement AND filed for a reconsideration request. Heres why. You can submit new evidence and arguments and it goes on record, it also gives the RO a second look at the claim, while still preserving your right to appeal the denial. This is the time to send anything and everything that can help your claim, including a synopsis of why they were wrong. THe great thing abt doing it this way, is you still have them on the hook for a traditional appeal, AS LONG AS YOU DONT LET THE 1 YEAR DATE EXPIRE.

Don't ask for a DRO, and don't ask for a REOPEN. Ask for a RECONSIDERATION, . Send in the additional evidence, your nastygram calling them every dirty word you can think of (just kidding, tell them they are brilliant but made a little error), ha . and wait. They may still deny, but they may not. I think a DRO is usually a waste of time from the research ive done. its a stall tactic. They can just as easily take a second look, and see if its correct. either they will fix it or they wont. Then you will need to go to the BVA anyway, So why let them sit on it for any longer than needed, on your nickel.

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Well, 63Sierra, as soon as I get my decision packet I'll be able to share how this strategy worked for me thus far. On the reconsideration, they bumped me up to 80% (20% increase). However, just doing the rough math after the fact, if everything was approved the combined rating should have been 90%. So standing by for the package and SOC, etc.

However, I think what you've proposed is the right way to go! Hope and pray it works out for you!

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Thank you 63Sierra, this was what I was looking for the route to take. I think the VSO talked about this, but sometimes you need reinforcement, this site has our backs and advice can be trusted. Reconsideration. Hope that works.

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The problem with requesting a "reconsideration" at the regional office is there is no actual reconsideration process at the regional office(look at the regulations and the CFR). It ultimately gets worked as a re-open with new and material evidence and since it wasn't a final decision the effective date is preserved. You can get a post decisional hearing WITHOUT filling an appeal and it will give you the ability to walk them through your new and material evidence. I DO AGREE DON'T MISS THAT ONE YEAR DEADLINE FOR APPEAL!

As for DRO or traditional appeal. If you DRO you get a "denovo" review(at least they say it is), I gained two 50%, two 20% and a 10% rating from three different DRO reviews with no additional evidence submitted. Two of the three were done with a DRO hearing the first one took a year, the second one took 18 months and the last one took 3 years. I used to strongly advocate for a DRO review with a hearing because during the hearing you can walk them through the evidence, discuss the applicable law/regulation and it is all recorded and transcribed. the first two were turned around much faster than a trip to the BVA would have been and the last one was painfully long compared to the first two and I am now waiting to go to the BVA on some issues the RO just isn't willing to address. My current problem is getting them to recognize their opinion that a full grant of benefits was provided, does not trump my timely filed form 9. I was going to file a Writ at the end of February but have moved my timeline for that back to May.

Depending on the complexity of your issues it may make more sense to go the traditional appeal route, but that certification process is probably going to be right around the same amount of time for a DRO. With a DRO you get an additional appellate bite at the apple so to speak. The real disadvantage is time, if you don't have the time, take the traditional appeal.

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yes my friend but you can always fall back on the fact that you NEVER REQUESTED A REOPEN. YOU REQUESTED A RECONSIDERATION. basically a second look. When you file your Nod they are supposed to take a second look anyway, but I believe most times, they are too busy writing a SOC that will cover thier ASS.

Furthermore the RO can reverse a claim anytime they choose, so if you let them know you mean business and tell them you are willing to go to the BVA they are going to look at the claim again, and if its clear that they were in error, they can fix it before it goes to the BVA. If they are intentionally screwing you and cant dream up something that jives with thier denial, again, I think it would prompt them to approve the claim.

I just think that they have had plenty of time already, it took them 18 months to FUBAR my claims. why request a DRO and wait another year, and if they still refuse, wait another year for a SOC, and another year to get to BVA. just how I see things.

If evidence wins claims, get the claim in front of someone who has sense.

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If you read the M21 regualtions the RO is supposed to do a comprehensive review of your claim , checking it for errors, for evidence, ect once they recieve your notice of disagreement. It seems though that the RO is either skipping this procedure, or trying to skip the procedure. Has anyone here recieved a letter from the VA saying that they have recieved your NOD, and are feverishly reviewing your claim and checking for errors and accuracy and will inform you of those results? no they say. hey, do you want a DRO, or a Traditional appeal, and hope you give up.

Try to make them do thier jobs and do a review of your claim and not just kick the can on down the line.

I recently posted the M21 regs right here on had it, that tells what they should do.

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