Nod Or A Reconsideration

[hmcquade]

Would like some input. I have discussed the fact my claim for PAD secondary to my SC DM II was denied based on no nexus, lack of medical support of the claim.

I was going to file a NOD, a DAV SO at the Saginaw VA Hospital advised me to file a reconsideration with new medical evidence to support a Nexus, he stated it would be process faster than a NOD.

If I file a reconsideration will I get retro pay from the original claim date or will it be a new claim? I have one year from the date of the denial to file.

I am trying to get this all sorted out in my mind and make the best decision.

Thanks,

Hugh

Edited June 10, 2014 by hmcquade

[hmcquade]

My husband currently has a reconsideration in. We thought that the original date would be preserved if the one year mark had not passed. Sure hope the DAV did not steer us wrong in this.

Kate

Well Kate I sure hope it works for you, but I have decide to send in a NOD, not a reconsideration. And I will not work with the DAV again. I was unable to speak with any of them at of the local office last week, they all went to a convention and were suppose to be back in the office today. I called the DAV SO this afternoon and all of them were at a training meeting, which I was told they have every Tuesday afternoon.

Hugh

Hugh

[TiredCoastie]

Be sure to drop the DAV a letter stating that their services are no longer required and that you are rescending the POA. Otherwise, they'll remain on the books as your VSO and potentially get in the way.

[Guest]

The crazy one is here.

IMHO, the only time a veteran should file a request for reconsideration at the VARO is within sixty (60) days after receiving a rating decision and if the new decision is not made sixty (60) days before the one year deadline the veteran should file a NOD.

Also keep in mind that VA will process all request for reconsiderations as New Claims and or Claims for Increases. If the veteran disagrees with the rating he or she will still have to file a NOD.

[TiredCoastie]

The crazy one is here.

IMHO, the only time a veteran should file a request for reconsideration at the VARO is within sixty (60) days after receiving a rating decision and if the new decision is not made sixty (60) days before the one year deadline the veteran should file a NOD.

Also keep in mind that VA will process all request for reconsiderations as New Claims and or Claims for Increases. If the veteran disagrees with the rating he or she will still have to file a NOD.

The problem, Pete, is that Hugh could wind up in the same boat I'm in. He's going to wind up appealing at some point either because the RO disagreed with his contention or over the effective date of a grant, if not both. Being there right now, I sure wish I would have appealed rather than submit that reconsideration claim. My reconsideration claim took 11 months, and the decision was a little over 2 months past the 1 year NOD deadline. I filed a NOD on the deadline to protect the original claim date, and am currently in a fight with the RO to accept it as timely (thank God for certified mail receipts! That hand stamped postmark on the receipt is my proof of timely submission!). Hopefully anyone who takes this route will NOD earlier than I did. But still, now there will be two appeals in the system trying to get to the right decision on rating and service connection as well as the effective date. All the same steps would have happened if I'd appealed the initial decision and I'd be so much further ahead with less confusion within the RO team.

Edited June 10, 2014 by TiredCoastie

[hmcquade]

The crazy one is here.

IMHO, the only time a veteran should file a request for reconsideration at the VARO is within sixty (60) days after receiving a rating decision and if the new decision is not made sixty (60) days before the one year deadline the veteran should file a NOD.

Also keep in mind that VA will process all request for reconsiderations as New Claims and or Claims for Increases. If the veteran disagrees with the rating he or she will still have to file a NOD.

Thanks pete992 for the info. I am going for the NOD

Hugh

[hmcquade]

Be sure to drop the DAV a letter stating that their services are no longer required and that you are rescending the POA. Otherwise, they'll remain on the books as your VSO and potentially get in the way.

Should I do the NOD on my own or get a new VSO?

Hugh

Edited June 11, 2014 by hmcquade