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Claim Reconsideration Submission


Slick
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Question

Got my package together for reconsideration- 21-4138, IMO, related BVA decisions, medical records. Opted to utilize the local DAV service officer.

Yesterday met and discussed the claim for the 2d time, he filled out some paperwork, added it to what I provided and he said he was sending it to the DAV office in Winston-Salem who would complete their piece and "send it" to the VA Regional Office- which is supposedly in the same building.

My question is- what should be my comfort level with DAV delivering the package?

If low, should I send a copy annotating DAV endorsed orig is coming separately?

Concern is 1) I'm not sending it with return receipt and/or 2) confusing the VA if they get two packages.

Thanks

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I've double tapped submissions in the past without causing too much confusion. They're pretty good at sorting out duplicates. Biggest issue seems to be the date they use if the submissions arrive on different dates.

I'd watch eBenefits and if you don't see the claim pop up as active within the next 3 weeks, submit it yourself. That is unless you're up against a deadline.

Hate to say this, but there have been extensive discussions on HadIt about the cost-vs-benefit of going with a so-called "reconsideration claim" against an outright appeal. Worried about confusion? I listened to the VSO who talked me into a reconsideration claim. It turned into a mess because I wound up firing the VSO, filing a NOD at the deadline to protect the original and earlier effective dates, and then appealed again once the reconsideration claim was decided several months later. Now that second NOD has disappeared within the system, and I was told recently that because the conditions I had appealed originally were not different than the ones in the second NOD, it was somehow informally combined with the original appeal. Of course, none of that is in writing, which I have requested.

However, if you have additional contentions or increases beyond what you've requested to be "reconsidered," you don't have a lot of choice. Be ready to fire a NOD off, though, to protect those original dates if necessary. The appeal process includes a re-look at the decisions made anyway, like a reconsideration claim, but queues up the veteran to take it to the BVA in DC immediately upon a re-denial.

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  • HadIt.com Elder

I, personally, don't like reconsiderations but prefer NOD's, as that way your protecting your claim date. I don't trust any VSO, having had a bad experience w/one and found that many vets, I've helped, have had problems, also. I would submit the documents myself, certified, return receipt requested. jmo

pr

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Keep in mind that filing a request for reconsideration is the same as reopening a claim and not filing a notice of disagreement. If you do not get a timely decision within one year of your rating decision or if you still disagree with the new VA decision you will still have to file a NOD.

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appreciate all comments and plan on sending a "copy" to Winston-Salem myself

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Back in the circus

From E-benefits:

Received: 01/16/2015 (Compensation)
Estimated Completion Date: 10/23/2015 to 04/19/2016

.
Disabilities Claimed: cancer disease (Reopen), cervical spine (Increase), Degenerative joint disease of the cervicle spine (Increase), Neck aches (New), Headaches (New), Kidney cancer (New)

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