When Do Claims Show Up On Ebenefits?

[kate7772]

My husband filed for reconsideration several weeks ago. This was through DAV and the Cleveland VA. We got notice from the DAV that it had been filed and sent to VA. Shouldn't the claim be listed on eBenefits by now or do reconsiderations not show up there?

Thanks,

Kate

[brokensoldier244th]

What are you claiming as 'mass amnesty' when the current admins deportation rates make prior administrations look as if they had been standing still. Your assumption that the Secretary of the VA can wave a pen and change the entire organization is wishful thinking, but flawed. We aren't in the military any more and despite their best intentions, VA is a civilian organization. Just because it 'should' and we wish it 'could" doesnt mean that it works that way.

*out*

[GatorNavy]

As for your DAV representation, just how are they getting a "reconsideration" at the RO level? There is no reconsideration at the RO level, it is ultimately a request to re-open with new evidence on a claim that is not final.

DAV VSOs are trained to request a reconsideration after a denial or the first lowball. As long as there is any evidence to submit, the DAV VSOs don't care what the evidence is because 99.99999% of the time it will be denied again. However, it cannot be said that they didn't do everything they could before the claim goes to appeal. And they won't mention the appellate process unless their client asks in the first place. I fired my DAV VSO after he filed a reconsideration because it was a waste of time and there is plenty of time wasted by the VARO to begin with. That claim went on to a BVA hearing and I feel that if the VSO would have handled it correctly; I would have won at the AOJ. Having said that, I requested a reconsideration of another claim when NPRC (out of the blue) sent me Naval Hospital inpatient records that contained evidence that was incontrovertible. I went on to get 80% from 40% with enough time to NOD the TDIU which went to a BVA hearing also.

Ebenefits will show that your claim is open again if the RO determines that the evidence submitted is "new and material" to the claim. The VSO should know what the RO is doing with it. Good luck!

P.S. As far as arguing politics is concerned with regards to Veterans' claims: Reminds me of a 1700s duel where both shot each other right between the eyes.

[71M10]

I will say it again, THERE IS NO RECONSIDERATION REQUEST AT THE REGIONAL OFFICE LEVEL. If you ask for a reconsideration of a regional office decision you are technically asking for a process that is not supported in law or regulation. Typically when people have asked for a reconsideration (that they have no legal basis for access to), the regional offices have worked them as a request to reopen with new and material evidence(which is not a reconsideration).

When a Service Officer tells you he is filing a reconsideration request at the regional office, this tells you he really doesn't understand the process and if they are trained to do it, it tells you the quality of training that organization is providing to its service officers. Why would you advise someone to ask for something they cannot receive and hope that the VA processes it as a request to reopen with new and material evidence. Why take the chance?

As for the power of the Secretary, Ultimately the secretary and his/her designates have the discretion to grant SC on any and all evidence and circumstances, and assign any rating on any extra schedular basis. However, they choose to not use those authorities to mitigate or clear the crippling backlog. Instead they have introduced new half-assed procedures they promise will expedite a veterans claims (no guaranteed processing time) and all a veteran has to do is waive some of their rights. Meanwhile they have essentially stopped working appeals (with any meaningful workforce). The FDC and Provisional ratings will ultimately exponentially inflate the appeals backlogs and we have just moved the backlog to a different part of the system. Bottom line --- Veterans still get sub-par service but the secretary smiles and says we fixed the backlog!

[GatorNavy]

§3.156 New and material evidence.

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. (Authority: 38 U.S.C. 501, 5103A(f), 5108)

(b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of §20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period. (Authority: 38 U.S.C. 501(a))

© Service department records.

(1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA’s original request for service records; and

(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.

(2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.

(3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim. (Authority: 38 U.S.C. 501(a))

[27 FR 11887, Dec. 1, 1962, as amended at 55 FR 20148, May 15, 1990; 55 FR 52275, Dec. 21, 1990; 58 FR 32443, June 10, 1993; 66 FR 45630, Aug. 29, 2001; 71 FR 52457, Sept. 6, 2006]

Cross references: Effective dates—general. See §3.400. Correction of military records. See §3.400(g).

Supplement Highlights references: 8(1), 47(1), 73(2).

[71M10]

Yes, you have attached the rules on reopening with new and material evidence(some of them referencing the BVA not RO level). The one reference to "reconsider" is a directed action (nothing you can request) in the instance that additional service records are received.

I am not saying that asking for a reconsideration is going to stop your claim in its tracks. It will generally be worked as a re-open with new and material evidence.

The point I am trying to make is, when you ask for something the VA doesn't have to give you(or cant). you grant the VA discretion to decide what it is that you asked for or want them to do. I prefer to not risk it.

I will state again, why are "trained" VSO's using this term at the regional level? It is an indicator that there training isn't very complete.

[GatorNavy]

It will be worked as a re-open. So what laws, regs do not apply here? The appeal period starts with the decision letter. I bolded PENDING CLAIM. VSOs have been doing this for years and they will continue with it. Request for reconsideration does work given the right situation. It has personally worked for me and I got bucks sooner than later. However it does not fit all situations. I will never use a VSO again so I could care less what they do.

Edited April 29, 2014 by GatorNavy