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]

WHO sang the song., IT FEELS LIKE THE FIRST TIME? WAS IT FORIEGNER?

Thats what they are singing at the RO when you fail to file a NOD . Because they know they got you. Unless you have the duckies to spend to go get an IMO, or can find something to CUE them, you got the shaft. They shall pull out the old reliable

" you previously were denied for assholism back in 95, the evidence you submitted is not new or material, therfore cannot be reconsidered, denied ."

Yes I believe it was Foreigner, and I agree with you. I did a NOD many years go on my Denial for SC Tinnitus, I won and at the same time proved the VA made a CUE

[hmcquade]

read this 3 times

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http://www.fas.org/s...misc/R42609.pdf

COURTESY OF 71M10

Thanks, good information.

Hugh

[TiredCoastie]

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

I think it's more out of institutional lazyness that VSOs and their NSOs push denials to "reconsideration claims." Doesn't the POA of a claim file have to do a lot of work if there's an appeal? As pro-vet as any of them may be, there are only so many hours in the day. They can help get ten vets aimed in the right direction with an initial entitlement claim complete with the bluster about how much they're gonna fight to make it right, etc - and then there's little to do after that. Or they can help one vet who's claim decision is all discombobulated in the same amount of time...if not more.

I'm not saying there aren't good NSOs out there. It just seems like a hit-or-miss proposition, and so far I feel like I missed.

Now if I'd found hadit a year earlier, maybe I wouldn't be in the position I'm in.

[hmcquade]

I can say this, when I filed my NOD for the Tinnitus denial, I did all the work, all the research, a lot of calls to the DAVSO, but in the end I was the person who gathered, organized, and presented my case to the Lawyer. The DAVSO was sitting there at the hearing and so was my wife. The DAVSO said very little, I did all the talking, and my wife had a chance to add her opinion.

I can say this, the DAV supervisor has never responded to my letters I mailed to him. A business person or a SO should always answer concerns addressed to him/her. I hope they read our messages on this board,

Hugh

[carlie]

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

ask,

Yea buddy !

I can just see those VLJ's laughing it up over cocktails and burgers :-)

[VetlawUS]

I've been representing Veterans at VA Regional Offices around the country for 7 years, and NEVER have heard of a Reconsideration of a Ratings Decision.

This concept has been popping up a lot the last year, and so I wrote about it on the Veterans Law Blog:

http://www.attiglawfirm.com/move/reconsideration-va-rating-decision-appeal/

I have asked every VSO that says there "IS" a Reconsideration process to point me to the CFR cite that allows it, or to the VA Procedures Manual (M21-1MR) that lays out that process, and nobody has ever been able to show it to me.

I suspect that what VSOs are calling a "reconsideration decision with new evidence" really a "reopened claim with new and material evidence", and that VSOs are talking Vets into doing this to boost the VSOs numbers (on paper) showing how many claims that they handle, but I'm just speculating from what some VSOs are telling me.

If you have New and Material Evidence, and it is DURING the one-year appeal period, file a NOD. NEVER try to reopen a claim that is still appealable - it's the surest way to LOSE your earlier effective date.

The ONLY way to protect your original filing date for past-due benefits purposes is to file a Notice of Disagreement within 1 year of the Notice of Action Letter delivering the rating decision.

Chris