Experiences With Request For Reconsideration @ Varo Level

[K_C]

Hi All,

I recently received my decision letter and, although I'm grateful for the decent rating, there's more clear error than there is accuracy and reasonable decision making. There's evidence missing from the evidence list, evidence with incorrect date ranges, and failure to tie some of the decisions to the actual evidence in the decision reasoning given. Additionally, there was error in the C&P exam that went unresolved but and addendum was filed by the C&P examiner for me in my favor after a complaint was filed with the VAMC. I have some new-to-the-VA evidence, apparently overlooked evidence, and what I would call some CUEs.

Where they've granted me service connection, even if it was low-belled, I'm making no request for reconsideration. What I am requesting reconsideration for are the non-SC'd decisions, except where there is no currently rateable level of disability. I've essentially finished the letter and am in the process of obtaining the medical evidence directly from physicians so I can submit it with the package.

My question is to those who have experienced or have something to say about using this method. Are there pitfalls? Is this going to have any negative impact or delay upon a bonafide appeal, should it come down to that, if they haven't yet responded to the request for reconsideration at the VARO? My reasoning for requesting the reconsideration rather than jumping right into appeal is that it might save me time, it's another layer of potential re-decision in my favor, and it might happen quickly--I have no idea how they handle this sort of request, and, finally, it gives me time to establish more medical evidence with my physicians and obtain IME nexus and letters.

All thoughts are appreciated.

Thank you.

KC

[K_C]

Carlie,

I'm with you. I've picked my battle, and right now it's getting service connected for those conditions they denied in obvious error. That's all I'm asking them to focus on right now. Once I push beyond that barrier, I can think about the lowballed ratings on SC'd issues. Maybe I'll appeal, maybe I'll wait for an increase. Dunno yet.

In the mean time and to pass the time, I'm establishing a concise claim for two other conditions. This time, when I submit, I aim to have every bit of compelling evidence right up front (except maybe an IME, though I would also like to have one of those with the original submission if the costs permit). My goal is to make their deciding in my favor as easy as possible for them so I don't have to fight them after the fact. We'll see....

Thanks for sharing and I'm sure the VBA has induced many baker acts. They've certainly proven capable of being infuriating to many, many vets, at the very least.

KC

[carlie]

My goal is to make their deciding in my favor as easy as possible for them so I don't have to fight them after the fact. We'll see....

KC

KC,

The above is exactly what we always need to do, make it as easy and clear as

possible to warrant a grant of benefits.

IMO, it also does not hurt to let them know exactly what benefit/s we are seeking

and that if what we are seeking is granted, we will consider our claim issue/s to be

satisfied in full, with no further need for appeal.

jmho

[MarkInTexas]

Carlie,

That's a good point. I never thought about letting the VA know what I expected the decisions and ratings to be, nor informed them that if I received affirmative consideration, I would abandon appeal on other issues.

Mark

[FormerMember]

Ah. Strong in the force is this one...yessssssssssssssssssssssssss.

[TiredCoastie]

All I can add to this discussion is that the "request for reconsideration" route did not work very well for me, and I wound up appealing anyway. And because I wasn't satisfied with the decision on the request for reconsideration, I appealed that two. So now I have some sort of dueling, swirling mixture of appeals in the system and am actually doing both simultaneously but without the RO really saying I'm doing both. My bad - I didn't find Hadit in time to prevent this.

I will say that I had a NOD and a request for reconsideration in the system at the same time. At least, I was fighting to prove the NOD was filed in a timely manner while and then after the request for reconsideration was considered. BUT, I saved the original claim date and actually obtained two CUEs for EEDs from missing the original informal claim.

I know you've made up your mind, and that the lawyers aren't going to help you (hint: they don't see enough money in it for their time), but I'd NOD every single contention for which you are not satisfied. Do it yourself. If you want it done right, in this case, you cannot delegate.

[Gastone]

KC: Do you have "New & Material Evidence" that was not available in your C-File at the time the VA Rater Made his/her Decision? ASKNOD took me to school on his 25 yr experience with VA Claims and I would have to agree that you don't want to get lulled into thinking N&M Evidence is going to get you a review of your denied claim just because the VA Says it will. Your early on in your denial but you have no reason to wait on filing your NOD Requesting either DRO with a Hearing or a BVA Hearing. Your decision will have no effect on the VARO requirement to conduct the Denied Claim Review when N&M Evidence is received. If in fact for some reason that review were not to take place and supplemental statements of case were not issued, I don't belive your VARO could Certify your appeal for the BVA. They may drop the ball from time to time but I think Remands due to their negligence is something they try to avoid.

This VARO Review is the same thing the VA has been doing long before the DRO program was instituted in 2001. You have always had the 1 year to file an appeal to the BVA. If you missed the 12 month deadline, your decision became final. However as far back as I've been able to track, it appears that your VARO had to Review (Not Reconsider) your denied claim upon receipt of N&M Evidence. You still had to file a timely appeal, but the Review with Deference to original decision had to take place before the appeal could be certified to the BVA.

Semper Fi

Gastone