The Dav Did Me Again!

[hmcquade]

So I get my new SO with the AL, but before that I FAXED my NOD with a request for a DRO hearing and the correct VA form for the NOD, I had a cover letter addressed to the VARO.

So Friday I get a letter from the DAV GUESS WHAT THE DAV DID!!!!

THE DAV SO SENT IN MY DOCUMENTS AS A "RECONSIDERATION" WTF!!!!!

Attached is the letter I received from the DAV on Friday.

Hugh

[carlie]

But, if they are not past their one year date and it is decided in their favor, they don't lose the original date, right?

If it is received within one year of the prior rating decision they would keep their

original effective date of the claim.

38 CFR - 3.400 - Effective Dates

http://www.ecfr.gov/cgi-bin/text-idx?SID=d58bf2a053a1fb13a84b3da78b7c8323&node=38:1.0.1.1.4.1.72.173&rgn=div8

[hmcquade]

Well I am still waiting for the DAV to replay to my emails, I have a feeling they will not want to put in writing why they filed the reconsideration instead of the NOD DRO hearing request I requested in writing.

Hugh

[GatorNavy]

So you are stating that my original claim, November 2013, that was denied May 2014 and the DAV sent in a Reconsideration July 3. 2914, that if I win with the new ME that I will get back pay from Nov. 2013?

Hugh

Considering that the RO reverses and grants within the one year after the original decision that denied, then YES!

[hmcquade]

Considering that the RO reverses and grants within the one year after the original decision that denied, then YES!

Thanks, I am watching C-span on the VBA

Hugh

[hmcquade]

Update on my claim. I received a call this morning from a DAVSO. He stated he read my email and new I was pissed. He stated his office did get my original documents that I mailed on June 23rd, the SO who I sent them to gave them to him, as the other SO was going on vacation. The SO told me my new IME's/ and IMO were so well written and compelling that he showed them to his boss who said the same. The SO stated he delivered them to the VSO who agreed that the new evidence was very strong, that they all agreed the reconsideration was the best way to go. The SO told me I should have an answer by the 20th of July, that the case should be approved and I will get all of my back pay to when I filed the case in Nov. of last year.

That is the first time a DAVSO ever called me and explained what they did and why.

Hugh

[TiredCoastie]

Considering that the RO reverses and grants within the one year after the original decision that denied, then YES!

However, be ready to file a NOD if the effective date of any grant doesn't go back to the original claim date. I've done that in this exact same scenario.

Watch the "reconsideration" claim closely. If they don't close it soon, I'd still file a NOD to preserve the original claim date. DON'T wait until the last day like I did, hoping against hope that the RO would come to a conclusion like my VSO promised me.

You do have the option of cancelling the claim and hammering in a NOD now, or at any point, up until May 2015. However, if it's that close to completion, then you might as well let it ride. However, be prepared to appeal both decisions...May 2014 and whenever this one is done.

JMHO.