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The Dav Did Me Again!

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hmcquade

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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

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You might want to delete or edit and repost this.

I noticed it has very much of your personal info such as

name, address SSA #, etc . . .

Thanks carlie, I did.

Hugh

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yes they lose it. thats why the VA is making the service orgs do it. its like erasing the debt. this is nothing more than slide of hand , word play ,trickery .

reconsideration seems so nice doesnt it. Kind of like dealing with a bank and trying to lower an interest rate, or get an equity loan, ,, Lets see if we can just shmmmoooze the VA. We will be nice and just ask them to take another peek, surely they will see the light.

DONT BEG FOR SOMETHING YOUVE EARNED. If your claim is not legit, your going to lose either way. evidence wins claims. period. either you have it or you dont.

Very true!!!

Hugh

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Kate,

Just as an example: say I filed a claim containing several contentions in July of 2011. In September of 2012, the RO sent a decision letter and denied the entire claim. I filed a Request for a Reconsideration (DAV lingo meaning a re-open) with smoking new hot evidence for service connection I just received two months prior, plus some recent treatment records. In August 2013 they grant the claim and I am satisfied with the ratings. The backpay goes back to the filing date of July 2011.

If the RO comes back with another denial in August of 2013 and I didn't motor on down to the RO and file a NOD by September of 2013, the following happened: The VA pushed the reject button case closed! The DAV pushed the purge button and changed the answering machine. I pushed the panic button and then the reset button. Because it is worse then if I didn't file a claim since I can no longer use the evidence that I used in the prior claim. So, don't miss that one year to appeal from the date of the decision letter with a NOD. If the reconsideration is in limbo with nothing returned and you file the NOD within the one year of the original decision date, then you will preserve your original filing date as the effective date. In my example it would be July of 2011. Good Luck! We all need plenty of that! :smile:

One of the advantages of a reconsideration is that it stays with the ratings team and doesn't go to the appeals team. If it goes back to the rater that did the claim and he/she sees the new evidence then the denial could be reversed and that would be much quicker than sifting through the hierarchy.

I faxed a rescission of the POA to the DAV and also sent a copy of that rescission to the local RO containing my claim number.

Edited by GatorNavy
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what I did, was a 2 pronged attack. I told DAV, ok you want to ask for a reconsideration go ahead. (at the time I didnt know they were really doing a reopen,) BUT something told me to file a NOD anyway. And I did a couple weeks after the denial. So if it didnt work out with the DAV, my NOD was on file, and preserved my filing date. If I had not done that ,I would be screwed as the VA jacked around with the claims for 18 months . . As of now I still have a chance to win a 50 percenter major claim, back to 2011. could be several thousand dollars.

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Kate,

Just as an example: say I filed a claim containing several contentions in July of 2011. In September of 2012, the RO sent a decision letter and denied the entire claim. I filed a Request for a Reconsideration (DAV lingo meaning a re-open) with smoking new hot evidence for service connection I just received two months prior, plus some recent treatment records. In August 2013 they grant the claim and I am satisfied with the ratings. The backpay goes back to the filing date of July 2011.

If the RO comes back with another denial in August of 2013 and I didn't motor on down to the RO and file a NOD by September of 2013, the following happened: The VA pushed the reject button case closed! The DAV pushed the purge button and changed the answering machine. I pushed the panic button and then the reset button. Because it is worse then if I didn't file a claim since I can no longer use the evidence that I used in the prior claim. So, don't miss that one year to appeal from the date of the decision letter with a NOD. If the reconsideration is in limbo with nothing returned and you file the NOD within the one year of the original decision date, then you will preserve your original filing date as the effective date. In my example it would be July of 2011. Good Luck! We all need plenty of that! :smile:

One of the advantages of a reconsideration is that it stays with the ratings team and doesn't go to the appeals team. If it goes back to the rater that did the claim and he/she sees the new evidence then the denial could be reversed and that would be much quicker than sifting through the hierarchy.

I faxed a rescission of the POA to the DAV and also sent a copy of that rescission to the local RO containing my claim number.

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

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bottom line if u get denied, file a NOD. The va is supposed to , by law, review the claim a second, and possibly 3rd time at the RO, before they ship it to the Wizards (judges). They can approve the claim if they choose instead of send it to the BVA. The going rate is a 50 percent error rate at RO. So you do the math of your odds of getting a fair shake.

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