Nod And Reconsideration

[kate7772]

DAV told my husband today that he needs to file his NOD soon as the one year mark is coming up on Sept 19. He currently has a reconsideration in that we had hoped would be decided by now. We were waiting as long as possible so as not to mess up the reconsideration. DAV said that even after filing the NOD, the reconsideration would continue and it wouldn't have to go into that 2 year or so that is common for a DRO.

That's not the impression I have gotten from reading here. Is DAV hopefully right about this?

There are some contentions that he did not put into the reconsideration due to waiting on an IMO so they will go into a DRO. So, can he have a reconsideration active on some things and a DRO on others at the same time while still keeping the original date on the ones in the reconsideration due to filing the NOD on time? All contentions were originally on the same claim.

Thanks

Kate

[kate7772]

Kate7772: Does Filing the NOD, cancel out your request for reconsideration of the original claim??? I really don't know, but more important I and You, should not care or worry about the Reconsideration! I'll give you my thoughts on the "Reconsideration" request later in this post. For now, your 1st and foremost mission, is to insure that you don't allow the claim denial decision to become final by missing the NOD filing, "Drop Dead, DEAD LINE!" File your NOD Today, remember CERT Mail Return Receipt!

As for "Reconsideration" of your original claim denial. If my memory serves, all your doing is requesting the same VRO that made the original decision, take another look at the exact same evidence that was available for his initial decision. The only way you get to add new evidence and have a more senior VA Rater look at the claim without giving deference to the original denial decision, is by Filing a TIMELY NOD requesting a DRO Review, preferably with a request for a personal Hearing. What do you think the odds are of the original rater, reviewing his original decision, and changing his opinion. He might, but I doubt it. Again I'm basing my opinions regarding "Reconsideration" on my last 3 years of appeals research, I could be bass ackward, don't think so. I don't think "Reconsideration" is even an official VA claim status. Don't take a chance, the CLOCK is TICKING. FILE THE NOD!!!!!

Our hope with the reconsideration being a different decision lies in the fact that there was absolutely zero evidence or diagnosis included in the original claim. The VSO was worthless and has since been fired. He only filed the claim saying basically "we are filing for this" Pretty much a one-liner or not much more. No reasons, supporting evidence or even a diagnosis. My husband only knew he was having horrible symptoms. he didn't even know it had a name (PTSD) until he went to the VA for medical help and was diagnosed.

Semper Fi

Gastone

[kate7772]

Attachments:

Cover the C file number, name and address and then this is how I do it, I use the Microsoft t scanner and Camera Wizard in Accessories in my Start menu, and the scanner will take a picture of the doc, which you can name and then open or attach here. here.

You might have to use a different type of scan program on your PC.

I just scanned a booklet my daughter bought me on the local Bath VAMC. It was a farm hospital during the Civil War and is a beautiful VA facility. Then I used the Attach File thing with the Browse to the lower left of my post ,prior to posting it , opened my recent documents, found the document by name and then clicked on it on it popped up here as an attachment.

You can attach PDFs as well via Adobe.

Berta,

I am trying to figure out how to convert the pdf to word so I can remove the personal info.

[Gastone]

Kate7772: About your " New Evidence." You will have plenty of time to get your evidence "DUCKS" in a row, after you put the VA on Notice by filing the timely NOD. You can send in the "NEW" evidence as it becomes available. VA Dr's records are already in his VAH Medical file. You can cherry pick the Important clinician notes and scan them to VA Statement in Support of Claim on line. Any and all other Medical Evidence, DBQ's etc can be addressed later. If its available, its up to You to get it and be sure the VA DRO has it before your hearing date.

About your "Hearing Date?" I just had mine 6/27/14, from NOD filed 09/2011. I think 2yrs is common, but don't really know. This was my 1st and only hearing. In the near future,take a couple of hrs to review the VA Comp claims Court decisions. You can link through VA.Gov. It will give you some idea as to VA Appeals Court, time frames. I think I read recently, DRO Hearings can get a decision, good or bad up to you and your quality of evidence, in a year or so less than the time it takes to get the VA Court to decide you case. With that said, you probably have at least 1 possibly 2 yrs before you get the Hearing Date Notification letter.

One of the long time Hadit regulars, maybe Berta, responded to 1 of my DRO posts recently. She said she has been to a number of DRO Hearings or been involved in some way. She might be able to give us both more info. I'll look back and see who she was and request info from her.

Semper Fi

Gastone

[Berta]

I had a double DRO Review once ( no hearings) and my former vet rep messed that all up.

The Job Description of what a DRO is supposed to do is here somewhere under a search...I posted the M21-1MR link maybe a week or so ago.

Personally I would not waste my time anymore with hoping a DRO would review my evidence.I would rather be at the BVA no matter how long that takes.

I cant seem to add any more help except , as Gastone said, to file the NOD! Gastone made some serious points.....as to having much more time to gather evidence once the NOD is filed, because I dont think the recon request in this case has much merit and a request of this type should not be the sole focus regarding the claim.......

although I wish we could read the decision you are appealing,or the C & Ps or IMO, etc etc .... that NOD is far more important than trying to attach documents here at this point in time, in my opinion..because the deadline really isn't that far off.

[TiredCoastie]

Submitting a NOD does not have any bearing the claim requesting reconsideration. In fact, they'll probably complete the claim before they inprocess the appeal. This is in my personal experience.

It will take several months for the RO to start work on the NOD, even just getting it logged into the system and an appeal started.

DO NOT WAIT any longer. I submitted my NOD by US Postal Service on the last possible day. That hand stamped certified mail receipt has been golden...I've sent at least three copies of it to the RO to prove that my NOD was timely. It took a while, but they found it, acknowledged it, and began to process it.

Meanwhile, the reconsideration claim finalized and now there's a second NOD in on that decision...which is still waiting to be inprocessed after almost three months.

[Gastone]

Roger that Berta, I agree 100%. By the way, the young lady I previously mentioned regarding having much more experience with the DRO Review Process and VBA Court experience, was Carlie. I have sent her an E-mail requesting further clarification. I hope she can shed some light on her average wait times for a DRO Hearing after filing the NOD, as well as current real time DRO Procedures. I know she mentioned the Vet can't record the "Formal Hearing" per VA REGs. I can only reiterate, at my 06/27/14 official Formal hearing, my hearing officer stated that my decision to have an informal hearing could, at my request, return to the Formal recorded and transcribed and that I could record the Hearing . My recorder was already on the table, ready to go. It may have just been my Hearing Officer, but I can't believe a DRO would go against established VA Policy. Time will tell.

Thank you for your concern and input.

Semper Fi

Gastone