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.

[TiredCoastie]

Got the decision in the mail yesterday, so here's how the strategy worked - in a word, "iffy."

Two of the five contentions were granted and one of the contentions granted had been denied an increase earlier. So that part worked out except I'm now researching to see if I was low-balled. And I'm not sure the effective date on this particular contention is correct. The other contention granted was a new request for increase.

Three contentions were denied, but I'd already submitted a NOD for these just before the deadline. However, the NOD somehow disappeared and yesterday I mailed a copy of it along with proof of original postmark and the RO's receipt at the RO's request - thank God for having sent the NOD certified mail with a green card receipt. So that explains why no SOC as a part of the reconsideration response.

So it seems like I'm not through yet but I didn't expect to be.

[63SIERRA]

progress . good to hear.!!!