Need Help On Filing For Reconsideration

[knap-sack]

I have no idea how to file for reconsideration, I have response decision from VA that says service connection denied due to no medical evidence. Since the decision I have x-rays and MRI of wrist and hand. I have also saw an orthopedic doctor which diagnosed arthritis in fingers and hand and wrist. I have a service connection for 10% on all this mainly because I did not know how to file initial claim and VSO did not advise me on what to do. Basically I sent claim in with no evidence and when I went to the C&P the LPN advised to get these items documented. So I did. I have until May to file NOD. Before I file a long drawn out NOD I would like to send in all my additional medical evidence in for reconsideration.

Is there a form I need to fill out? I have done my homework and found what my hand and wrist should be as far as percentage of disability. Should I request the percentage in my reconsideration? The Orthopedic doctor at VA would not confirm my wrist immobility was a result of the damage to tendons in my hand. The doc wanted to see the procedure performed in my surgery. I requested the documents from St Louis. I do not want to wait any longer. The additional percentages would also be because this is my dominant hand.

I was seen by occupational therapist and she measured loss of mobility and strength in hand and wrist. I am afraid to ask for a specific percentage due to me not knowing that I could be misinterpreting the percentages. I have a friend that is a doctor and I will be seeing him this morning and I am requesting his opinion on the medical terminology.

I plan on submitting this in the next few days so any advice is greatly appreciated

Thank you

[Guest]

The problem with filing a request for reconsideration at the RO at this time is only giving VA five months before you have to file a NOD. Also keep in mind that filing a RFR at the RO is asking VA to reopen your claim, it is up to you.

[Gastone]

Knap: Recent Award for SC @ 10%. Look at the Rater's reason for 10% and compare to 38 CFR 4. In your lay opinion what should your SC % be?

As for "requesting Reconsideration," the submission of any and all "New & Material Evidence" will trigger an automatic VARO Review of your Award/Denial by a Senior Rater or a Decision Review Officer (DRO). The VA regulation requiring a VARO Review triggered by the receipt of any and all New & Material Evidence continues up to the transfer of your Appeal to the BVA. You can use the VA Statement in support of Claim to submit you New Evidence.

Even if you file a NOD requesting a DRO Hearing, the N&M Evidence Review still applies. The only basic difference is "Deference" to original decision. The Official NOD DRO Review is "De Novo" without "Deference" to original decision. This is what you want, not your asking the original rater to "Reconsider" his original decision. Like all of us, you probably didn't have all the necessary evidence to support a higher rating submitted with your original claim. Even if your N&M Evidence does not get your SC % increased (No idea how long from when you send it in, for response) keep that NOD Deadline in mind. You miss it and the Award Decision is final and you would have to file a New Claim for Increase and loose any potential Retro pay. For that matter, File your NOD now, requesting the DRO Hearing "I decided on an Informal Hearing and it worked". It took me almost 4 yrs to get the hearing.

Once the VARO has completed the Automatic Review of your claim, you'll get a Supplemental Statement of Case if your original decision is continued. That SSOC will discuss your N&M Evidence and why it wasn't as compelling as you thought it was. While all this is going on, get educated on the VA Claims system.

Semper Fi

Gastone

[knap-sack]

Gastone I spent most the day yesterday trying to figure out exactly what you asked. It is really complicated. The tendons that were repaired have reduced my mobility in my wrist and it is considered a magor joint. I also have arthritis in hand and wrist with reduced strength in hand. I saw the va orthopedic doctor and she was not helpful at all after waiting six weeks just to talk to her. I had everything with me to talk about my problems. She asked what am I doing there. I replied this is my cliam this is what they granted and this is what they denied can you help me. She was able to look at actual MRI and x-rays of my hand and wrist. She said she needed to see my smr from when operation was done. I requested my smr from St Louis, and now I wait with clock ticking. Would the varo have my smr? Could I get it from the varo? I am going to work on this again today but its so frustrating. The orthopedic doctor said she believes the wrist conditions are from surgery to hand but will not give diagnoses until she sees the smr.

[Berta]

"The orthopedic doctor said she believes the wrist conditions are from surgery to hand but will not give diagnoses until she sees the smr."

Was this surgery done while you were in the Military, or done by the VA after discharge?

[Gastone]

Knap: Your Ortho stuff is Greek to me, I was just wondering if you had checked out the 38 CFR 4 and determined what you think your best outcome rating wise should be based on whatever Medical DX are currently in the hands of the VA. Any New Medical DX's or other type of supporting evidence that is supplied to the VA since your recent decision should automatically trigger the VA Regulation required VARO Review of your claim with "Deference" given to the original Rater's Decision by a SR VA rater or actual Decision Review Officer.

This VARO Review is what you really want and is dependent on Post Decision New Evidence. Thinking that the original rater will go back 3-6 mos post decision and change his decision is a real stretch. With the VARO Review, if your Evidence doesn't cut the mustard and get your Decision reversed or awarded, you'll get a Supplemental Statement of Case explaining the continued denial. Have you requested all your Military records to include any and all Service Medical Records? I did it twice back in 2011, took about 6 mos to get records. 2nd time got few items that weren't included in first batch.

Semper Fi

Gastone

[knap-sack]

Berta the surgery was at naval base while I was active duty. No procedures at VA.

Gastone my best guess is 30 on wrist and another 20 on hand