Jump to content
  • 0

How Can A Veteran Ask For An Admin Review?



  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

3 answers to this question

Recommended Posts

  • 0

Sorry to hear of your troubles bud, but this is certainly an area outside of my realm. Good luck

Link to comment
Share on other sites

  • 0

Not sure what you're asking, Pete. Do you want to have the decision reviewed prior to submitting a NOD or new and material evidence? Are you looking to have a bad decision overturned more quickly than through the appeals process?

I have no idea if this would work, but someone, maybe Asknod, was saying that we can get things turned around sometimes through an IRIS email request. You might want to pose your question to your RO via IRIS and see what you get. Just a suggestion and no idea if it would work or not. The danger is that anything you submit could be binned as either an informal claim or an appeal. Those options don't seem to be what you're aiming for...

Link to comment
Share on other sites

  • 0

Decades ago I asked for an Administrative Review based on something I read in the VBM at that time.

I filed it with VA Central and a VA lawyer called me up and we discussed the problem I was having.I believe most of the time this type of request to a RO comes from a Vet rep or VSO. The VA lawyer had never received a AdMin Request from a claimant before. VSO usually file them for a claimant and not often at all.

A VA VSO I knew at the local VAMC had filed a for an Administrative Review for a widow,and he had lost,but I tried this anyhow.

It was really a waste of time on my part because I was still in the appeal period. But the VARO did award the claim prior to me filing the NOD ( it was a legal issue and after I called the General Counsel, the OGC called them and squared it away very quickly . I had sent them my settlement papers from the OGC that should have warranted a DIC 1151 award.The RO had denied and never listed this evidence or considered it. In essense they had committed a CUE in the denial but I didn't have to file for that)

The fastest response I had prior to filing a NOD was during my Nehmer claim process.

I asked the VA to CUE themselves on a December 6th 2011 Nehmer decision and they did.Within weeks I had my proper AO award.

Do you feel the VA made a legal error in your decision?

If they did and you can prove it, you might not have to file a NOD. A big Might...

But that means you have to get on them right away and do not allow that NOD deadline to pass.

The Nehmer award I received also contained an additional CUE under a 1151 issue.. I filed for VA to call a CUE on that error. This time I had to file a timely NOD as they didn't move on it fast.It has been with a specialist for about a year now.

The Nehmer CUE in December however was so egregious (and I was so angry at their original denial ...wondering how many other widows they pulled that crap on)
that I took very aggressive steps to get it corrected. I told VA Central my next resort was to contact the press and the House VAC ...the error was that bad.

Have you determined that this is a legal error? Are you familar with what a CUE claim is?

As ASKNOD suggested, I sure got things turned around fast in 2011 by filing my request that they CUE themselves, via IRIS, and I filed it as a complaint and stated what their CUE was in the decision.I also faxed the CUE complaint to my RO.

VA Central called me up and it got got fixed fast. But this was something they sure didnt want the public or the H VAC to know about.

If this is a medical judgement issue , then you will need to file a timely NOD and I suggest that you obtain an IMO and refer to it and attach it to the NOD.

If you have plenty of time, 2 vets here (maybe more)have been successful with asking VA to reconsider a decision,if you have strong medical evidence they have not seen yet.

Then again VA sat on a request I made of this nature for 8 years and the Nehmer people awarded that issue,as well, prior to the claim being transferred to the BVA.
(forgot it involved 3 CUEs in one decisions for a 1151 disability and also a separate CUE too on what became an AO IHD issue.

Did a vet rep suggest that you do this?

If you tell us more ( or can scan and attach their Reasons and Bases and evidence list and rating sheet here ( Cover C file number, name and address first) perhaps we can help more.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Create New...

Important Information

{terms] and Guidelines