Filing A Reconsideration

[hmcquade]

So I get the Service connection for my PAD but the VARO rules "non compensable". Well I won the service connection with a reconsideration of new medical evidence, so here we go again.

Hugh

[Fat]

"NEVER GIVE UP"

[Gastone]

Hugh: Are you proceeding on the Comp and Reto as a "Reconsideration" or a new claim for Increase? Where are you at time wise, on your original Claim Denial?

Semper Fi

Gastone

[hmcquade]

Hugh: Are you proceeding on the Comp and Reto as a "Reconsideration" or a new claim for Increase? Where are you at time wise, on your original Claim Denial?

Semper Fi

Gastone

filing a reconsideration for the comp. with more medical evidence. I still have about 9 months to apply. I am just waiting for my DRS IME/IMO

Hugh

[Gastone]

Hugh: Did you say in your 10/2 8:31pm post that you have already filed a NOD requesting DRO Review. Brother, that could be a problem. My understanding of the DRO Review process is that his/her decision is your final bite at the apple on the VARO level. If you disagree with any of the DRO's decision's, your next appellant stop is at the BVA. That also changes basically what you have done claim wise. Correct me please, but it now appears to me that you filed your original claim for 1 or multiple issues and received a partial grant/denial determination from the rating department at your servicing VARO. Now it appears that at some point you filed a NOD requesting a DRO Review but without stipulating a request for a personal hearing. The main requirement of a VARO DRO Review with or without a hearing, is "NEW Evidence" that was not available for review by the original VARO Rating Specialist at the time of "Official Claim Decision." In essence, it appears to me that the Medical Evidence you refer to, was submitted after the original VA Claim Decision Date, right? If so, great but you didn't get a "Reconsideration." The DRO starts from the beginning of your claim file with no consideration given to the 1st VA Rating Specialist decision. If you hadn't supplied the "New Evidence" you probably wouldn't have received the SC by the DRO.

At my 06/27/14 DRO Informal Hearing, after being awarded everything I was really concerned about, I dropped (2) minor issues that I figured were losers anyway. 0% on SC Hearing impairment and an error on location of Neuropathy, VSO listed hands instead of feet. Filed new claim right away for PN feet.The DRO informed me that regarding these (2) issues I could proceed to the VBA if I disagreed with his decision. Hope I'm wrong Bro.

Semper Fi

Gastone

[hmcquade]

I already won my case for the PAD SC non-compensable. I am now filing for compensation by reopening the case with more medical evidence. I am asking once again for a reconsideration on the VA Decision as that worked to get the SC.

Thanks,

Hugh