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]

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.

So, the reconsideration could stay active and possibly be ruled on before the NOD gets into the system?

I feel it is close since it was already in pending decision approval before being sent back for C&Ps. Projected completion dates are Sept 9 to Nov 11. We do have very good evidence that was not in the original claim.

[carlie]

kate,

If your NOD timeline is close - forget the reconsideration and submit an official NOD

and be sure to have evidence you submitted it on time.

To be absolutely truthful with you -

at the VARO level - there is no such reg or law that allows for a reconsideration.

[GatorNavy]

The BVA "boneyard" where many good claims go to die. You see this all too often. It's a shame. The violin plays the sad saga of a Vet that didn't appeal on time.

CONCLUSIONS OF LAW

1.  The July 1999 RO decision, which denied the Veteran's application to reopen
    the previously denied claim of service connection for asthma, is final.  
    38 U.S.C.A. § 7105(c) (West 2002 & Supp. 2011); 38 C.F.R. §§ 3.104, 20.302,
    20.1103 (2011).

2.  Evidence submitted since the July 1999 RO decision in support of the claim of
    service connection for asthma is not new and material; accordingly, this claim
    is not reopened.  38 U.S.C.A. § 5108 (West 2002 & Supp. 2011);
    38 C.F.R. § 3.156 (2011).

[TiredCoastie]

So, the reconsideration could stay active and possibly be ruled on before the NOD gets into the system?

I feel it is close since it was already in pending decision approval before being sent back for C&Ps. Projected completion dates are Sept 9 to Nov 11. We do have very good evidence that was not in the original claim.

That's right. The NOD will have little to no bearing on the reconsideration claim. Even if, by some chance, the appeal slows down the claim, you're protecting a very important original filing date. Chances are that it won't. If the claim is close to done, the RO won't even get to your appeal before they decide the claim. Like I wrote before, it's literally taken MONTHS just to get an appeal to show up in eBenefits and receive a letter from the RO that they've got it for action.

Do not trust the RO to get it right this time. They could, though. If you like the decision, you don't have to pursue the appeal any further. The NOD preserves your ability to do something about it while protecting, again, that original filing date.

Do not trust eBenefits when it gives you a projected timeline. That's completely spurious, bogus, wrong...you pick the term you like...but it's completely untrustworthy. Someone could pick it up today and push it through. You could see a decision around Christmas-time.

If you can, file today. Like others have written, sent it certified mail, return receipt requested. It will cost you between $6 and $7 and is worth every penny.