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

[lotzaspotz]

The only "reconsiderations" we ever received were forced outcomes of Board or Court remands. My vote says NOD immediately, don't waste your time otherwise. I'd skip the VSO. If you don't feel you can do this alone, get a lawyer. It's worth the 20% of any retro they get to represent you. Chances are the VA keeps making the same mistakes repeatedly, so experienced lawyers in VA disability law have previously picked up on these same flaws and already know how to argue against them, assuming you have the evidence to support the arguments presented.

Edited June 11, 2014 by lotzaspotz

[hmcquade]

The only "reconsiderations" we ever received were forced outcomes of Board or Court remands. My vote says NOD immediately, don't waste your time otherwise. I'd skip the VSO. If you don't feel you can do this alone, get a lawyer. It's worth the 20% of any retro they get to represent you. Chances are the VA keeps making the same mistakes repeatedly, so experienced lawyers in VA disability law have previously picked up on these same flaws and already know how to argue against them, assuming you have the evidence to support the arguments presented.

Thanks, I was talking to a lawyer who is an MD, He was going to do the case.

Hugh

[carlie]

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

NO... NO... NO... !

A request for reconsideration

DOES NOT STOP, EXTEND OR SUSPEND THE ONE YEAR NOD CLOCK FROM TICKING !

To be perfectly honest - in the vba claims process there is actually NO REGULATION in regards to

a request for reconsideration at the VARO level.

Also, if one does not submit N&M evidence with their request - most likely the decision WILL NOT

change to a more positive decision.

jmho

[kate7772]

Carlie

I think I understand what you are saying. I realize a Nod will need to be filed before the one year deadline is here but, if the reconsideration is miraculously decided before then, it will be retroactive to the original date, right? My husband did send in new and material evidence, including VA diagnosis for the conditions, all things that should have beed included originally but our VSO did not bother to mention.

Kate

[TiredCoastie]

Kate - I wouldn't count it. Mine wasn't. The regs say that the effective date should have gone back to the original claim - 38 CFR 3.156(b) applies. That's part of my newest NOD. Folks including Carlie, Berta, AskNod, John, Meghd and several others really helped set me straight on the deadline. Hopefully your husband's appeal deadline hasn't passed. If it hasn't, get a NOD in tomorrow morning. If the deadline has passed, pray for a good outcome and be ready to fight using 38 CFR 3.156.

[FormerMember]

Gee, Carlie. You have to watch these kids all the time. Motions for reconsideration are like cotton candy. Nobody at the VSOs seems to know that. I've seen a lot of guys time out on that and have to refile. Some even waste a few years trying to do a Freestanding Claim and find that out at the BVA. The VlJs must get a good chuckle out of it over Happy Hour across the street at Gordy's Bar and Grill.

a