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Filing A Reconsideration Vs. A Nod At The Ro Level
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pacmanx1
Please keep in mind that filing a request for reconsideration for an Earlier Effective Date at the RO Level does not preserve the original effective date of a claim. In order to preserve the original effective date the veteran must file a NOD within 1 year of the original rating decision.
Filing a request for reconsideration at the RO Level is asking VA to Reopen your claim. This rating decision will most likely have a new effective date. If and I say If this request for reconsideration is completed withing a years time. The veteran will still have to file a NOD of the original rating decision to get his/her earlier effective date. If the request for reconsideration is not completed within 1 year, the veteran must still file a NOD to preserve his/her Earlier Effective Date.
The bottom line is, there is no real thing as a request for reconsideration at the RO Level. Even though the veteran's evidence would warrant the Earlier Effective Date, I have seen VA force the veteran to file a NOD and go the appeal route.
Hope others chime in.
What are your opinions or am I just wrong and off.
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USMC_VET
So i guess what im hearing is that the best way to go 1) Submit Claim 2) IF Claim denied or lowballed 3) File NOD requesting DRO Hearing 4) IF DRO hearing unsatisfactory, file NOD/Appeal to BVA
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