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

[63SIERRA]

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.

[john999]

You can have your claim reconsidered and then file for a DRO Hearing. If you lose at DRO then go to BVA, so you can have three bites at the appeal. Then if that fails you can to CAVC for another review. This should only take you 7-8 years.

I got TDIU from a DRO Review. I got SC'ed for upper PN at a DRO Hearing. I got 60% up from 0% for DMII related heart issue via DRO. I lost one CUE at the CAVC and won one at the VARO. You never know except keep appealing.

[doogie]

I filed for a DRO in person hearing and went from 30% PTSD to 100% schedular

I did have a lawyer and it never got to the hearing ,the lawyer talked to the judge on the week before the hearing and it was all settled then over the phone.the lawyer charged 20% [well worth it.In the meantime i had filed a form 9 and had forgot about the hearing. So you might want to reconsider a DRO hearing [this is just my 2 cents worth

[71M10]

The point I was making is their is not a "reconsideration" process at the RO! In general when people have asked for a reconsideration process at the RO they have worked it as a reopen. It is like pointing to a bratwurst on the grill and asking for a hot dog, you generally get the bratwurst that you pointed at, which isn't what you actually asked for, but sooner or latter some smartass is going to pick up that cold hot-dog(that hasn't hit the grill yet) and slap it on a bun for you!

99% of the time this is not going to be a problem. However, if your RO wants to mess with you, they can legally not do a damn thing with that reconsideration request, since you have asked for something that is not supported in law or regulation at the RO level. Most of the time it is not going to be a problem, but why risk it?

I have looked this up in the M21-1MR and have located the same information on two veterans law office websites.

It is also important to note that you cannot request a re-open unless you have new and material evidence.

[63SIERRA]

It is also a fact that something as simple as a valid argument can be consdered new and material evidence . They will try to box you in and shut you out with your claim, dont let them.

[Berta]

Well put Z1M10.

There is no CFR for a Reconsideration Request unless you request this at the BVA level.

My AOJ RO took almost 6 years to sit on my recon request and the timely NOD I filed.

I asked the Nehmer VARO to adjudicate it, (it was a CUE claim) as it had been filed in 2004 and the AO IHD claim was filed in Aug 2010.

The RO had set the CUE for BVA transfer and I was overjoyed to know that because the BVA can read.

But luckily the AOJ RO sat it some more ,it never got to BVA, so the Phila Nehmer RO could take jurisdiction over it.

This still ticks me off....the claim was filed as a valid CUE, with the legal evidence needed to award.....,

but when I read the responses the Buffalo VA AOJ sent to me,over the years it seemed like they were either completely illiterate,

or brilliant enough to do the retro the math correctly and knew it would be a five figure award

if they did it right.So they sat on it.

I think maybe my I-9 statement was so strong they might have even been ashamed to send it to the BVA. (he he)

It took the Nehmer RO 3 weeks to read the claim, and the legal evidence, and promptly award it.

Edited March 14, 2014 by Berta

[RUREADY]

You can have your claim reconsidered and then file for a DRO Hearing. If you lose at DRO then go to BVA, so you can have three bites at the appeal. Then if that fails you can to CAVC for another review. This should only take you 7-8 years.

I got TDIU from a DRO Review. I got SC'ed for upper PN at a DRO Hearing. I got 60% up from 0% for DMII related heart issue via DRO. I lost one CUE at the CAVC and won one at the VARO. You never know except keep appealing.

john999 sorry bout your cue claim its hard to win against the ones who write and change laws at

any time but after reading or listening to Mr Carpenter cases a cavc just seems he loses more than

he win most he get is a remands in the end a lost. Hope I didn't hurt anyone feeling but this is

JMHO