slphelan Posted November 16, 2014 Share Posted November 16, 2014 Just returned from a Short Cruise to the Bahama's and the BWE from St. Petersburg Regional Office was in the Mail box. The granted me 100% P & T with Chapter 35 Benefits but they used an old C & P exam from 2012 to rate my neck condition. I had a new exam by the Bay Pines VAMC in Jan 2014 and it would have granted me 30% instead of the older exam which granted 10%. Do I need to request a reconsideration based on the new C & P findings? I think it would have resulted in me being awarded 100% 8 months earlier than what the date that issued in the decision. The back pay has not been paid but there is no mention of the Jan 2014 C & P exam in the decision. Please advise if anyone has had this happen before? Link to comment Share on other sites More sharing options...
Berta Posted November 16, 2014 Share Posted November 16, 2014 (edited) CONGRATS!!!!!By all means file for a reconsideration but dont let the NOD time frame run out...They could fix this fast if the exam warrants a different rating but then again, no one knows how long a recon request might take."Please advise if anyone has had this happen before?"I had probative evidence ignored many times by my VARO.My last reconsideration request seemed to be worked on, as I did get letters from VA on it,.,,but I realized my NOD deadline was almost up so I filed a NOD.Just prior to being transferred to the BVA, the Nehmer people awarded the CUE claim that the Recon Request was based on.That claim took 6 years.This could mean a significant better EED, in your opinion, so certainly try the recon request.Type RECONSIDERATION REQUEST in caps on the letter ( or 21-4138) so they know what it is and put attention to and the initials that appear in the upper right hand corner of their decision (it is a numeric and initial code...the initials are the last person who worked on your claim and the numbers denote the VARO ) and make sure you state the date of the decision and tell them why you think it should be reconsidered and send in any evidence again that they did not consider in the first place.VA EDU fixed an error for my daughter ( a vet) in 3 weeks and also they fixed a ridiculous retro error for me in mere weeks too long ago....I think I filed these requests as CUEs , not sure....but they fixed them very fast.Another monetary error I tried to get fixed with my RO , ended up with me calling the Gen Counsel and they sent my RO a letter ordering them to pay me. That took 8 months.Many here have had these problems.Also you could ask them to CUE themselves and follow my template for that here in our CUE forum.I have had a claim like that pending for over 2 years and had to file a NOD on it.My last GCY claim took a mere 3 weeks, but almost a month to get the proper decision.The 800# person could hardly believe what the screen said,,,denied Dec 6th ,,, 3 weeks later,Dec 22, awarded...I guess these errors all depend on how literate the VARO person is, who gets these types of requests.It is great news !!!!!! Enjoy the victory even though it isnt over yet. Edited November 16, 2014 by Berta Buck52 and slphelan 2 Link to comment Share on other sites More sharing options...
Gastone Posted November 16, 2014 Share Posted November 16, 2014 If you don't file, you don't get. With an eye on the NOD clock, get any and all "New & Material Evidence" even if your not sure it was available for review prior to the raters decision, resubmit it. You might luck out and get a VARO N&M Evidence triggered review of your recent claim by a Senior VA Rater or DRO. Just remember, this VARO Review gives "Deference" to the original rater"s decision. You can File your NOD at anytime within 1 year period and it won't affect the VARO Review requirement all the way up to a BVA Hearing N&M Evidence cut off date. Any N&M Evidence regarding your recent Award/Denial automatically Triggers the VARO Review and Supplemental Statement of case requirements. Semper Fi Gastone Link to comment Share on other sites More sharing options...
Fire Courage Posted November 16, 2014 Share Posted November 16, 2014 Congrats! :-) slphelan 1 Link to comment Share on other sites More sharing options...
slphelan Posted November 16, 2014 Author Share Posted November 16, 2014 Thanks for the info will get with my VSO tomorrow and request a reconsideration. Link to comment Share on other sites More sharing options...
Notorious Kelly Posted November 17, 2014 Share Posted November 17, 2014 Doesn't get any better than that- Congratulations! slphelan 1 Link to comment Share on other sites More sharing options...
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