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

[hmcquade]

Hopefully the N&M evidence submitted with this 21-4138

is sufficient to warrant SC as secondary.

carlie I know the new DRS IMO/IME's were solid, good medical evidence with all the VA legalize, but this one went though so fast I am not sure what the outcome will be. And I never requested a "reconsideration". I have no idea what legal grounds I have against the DAV.

Hugh

Edited July 13, 2014 by hmcquade

[hmcquade]

Something is fishy, so they are already deciding the claim that the DAV had reopened on July 3rd and claim they didnt get your NOD? VA only moves that fast to help themselves. Looks like they figured out you caught on.,

I sent the DAV the NOD DRO, DAV first stated they did not get the mail, I faxed it to them, DAV told me they had the documents, next thing I know they filed a "reconsideration" WTF!!!!!

Hugh

[FormerMember]

VA isn't a dummy. If they can "reconsider it" with an eye towards calling it a new reopen, they will. They save money and clear it off the books. Win-win for all except you, sir. Just remember what those other fart smellers above said. Once you hand over that POA, you are at the mercy of the turkeys. Period. You cannot complain afterwards because you authorized it. Pro Se = Pretty Smart. Nobody to blame but yourself if it goes south.

a

[hmcquade]

VA isn't a dummy. If they can "reconsider it" with an eye towards calling it a new reopen, they will. They save money and clear it off the books. Win-win for all except you, sir. Just remember what those other fart smellers above said. Once you hand over that POA, you are at the mercy of the turkeys. Period. You cannot complain afterwards because you authorized it. Pro Se = Pretty Smart. Nobody to blame but yourself if it goes south.

a

Agreed!

Hugh

[kate7772]

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?

[hmcquade]

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?

A reconsideration is actually reopening a closed case with new evidence

r) Reopened claims. (§§3.109, 3.156, 3.157, 3.160(e)) Date of receipt of claim or date entitlement arose, whichever is later, except as provided in §20.1304(b)(1) of this chapter. (Authority: 38 U.S.C. 501(a))