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Claims Denial ?"request For Reconsideration"?


Gastone

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Where is there any VA REG in 38 CFR 3 or anywhere else that addresses "Request for Reconsideration?" Is this just a "well intentioned VSO" theory?" I recently advised a VET that was at the end of the 11th month after his "Denial Letter," to immediately file his NOD requesting DRO personal hearing so as not to loose his appeal right and keep his claim alive. In response, they were worried about the NOD filing derailing their "Req for Recon" that had been pending for many months. My opinion based on that discussion, the VET's VSO is at fault. This uninformed Vet relied on a VSO's well intended but mistaken-misguided advice and risked his denial becoming final. If anyone has had success with the "Req for Recon," please advise. How can a Vet ora VSO track the Req's status?

My understanding of the "Req for Recon" is you send in a ?formal? request to the VA Rating Dept to take another look at your recently denied claim, due to some perceived error in their Denial Decision. You haven't Filed a NOD, so this isn't an official start of the appeal process. Your just asking , please take another look. Same rater=Different outcome, maybe, but I doubt it.

I hope that any vet that goes the "REQ for Recon" route includes something to the affect, " Regarding my recent denial of claim dated --/--/----, i request that the rating department give reconsideration to following issues and evidence. If after Reconsideration my claim is not Awarded, no later than (--/--/----(360 days from original Denial letter date) accept this as my "Official Notice of Disagreement with the VA Claim Denial dated --/--/----. I request a DRO Personal Hearing."

DON'T LET YOUR CLAIM DIE!!!!!!!

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  • HadIt.com Elder

The regulation is within the BVA web site and is only for BVA reconsideration Requests,

and is mentioned on page 14 of this BVA Pdf.

http://www.bva.va.gov/docs/Pamphlets/010202A.pdf

And must take the form of a Motion for Reconsideration. I am sure I posted a BVA Motion template here years ago.

Vets have filed this type of request at both the RO level as well as at the VA.
I filed one many years ago .

The claimant never gets a letter denying the request due to having no RO regulations for it. I am sure it is covered in M21-1MR as well.

But this type of request does NOT stop the NOD deadline.

And it almost always involves probative medical evidence that VA either ignored or didnt have when they made the decision.

We have some Recon request vets here, one was successful not that long ago.

Personally I have had more luck with my Go CUE Yourself maneuver, requesting VA within the appellate period and prior to filing a NOD, to prove that they had made a legal error (not medical) to my detriment and this is how I won my AO IHD death claim, mere weeks after they sent to me one of the most ridiculous denials I have ever seen.

I have another GCY request pending now, because the Nehmer award, that stemmed from my first GCY request, was very lengthy and contined a legal error involving 20 months of 100% P & T SC accrued, one vet,one wife, one child, along with 20 additional months of SMC.They only paid 6 months at that rate.The medical evidence warranted 26 months.

In that case, the first GCY request I mentioned here took about 3 weeks after I IRISed them to CUE themselves,.to reverse and award.

In this additional pending GCY situation I had to make sure I filed a timely NOD.


In my opinion,if VA made a legal error to your detriment in the decision, you can ask them to CUE themselves and describe the error they made.I have a template here in the CUE forum for that.

If it is a medical situation and you have probative evidence that would or should sway them (like say you just got an IMO that would have helped you but it came after the denial letter came, or maybe a SSA award solely for your SCs, that arrived after the denial.....

then it just makes sense that by requesting a reconsideration with the new evidence, it would be the best path to take.

However, mark your calender,so that if they don't resolve the recon or GCY request within that NOD dead line time frame, that your NOD is timely when you file it.

Again,. there is no Go Cue Yourself regulation. I made it up, citing the CUE regs themselves, because the VA controls us with the regs but

we can control them with the very same regs..

This type of request got me a double DRO review as well in 2005, and within weeks after I faxed the request to the Director of my VARO.

Edited by Berta
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