Notice Of Disagreement /reconsideration

[Fat]

I was reading another post when a question came to mind.

The the regional office initially denies a claim and the veteran requests a reconsideration of the decision.

The reconsideration is not timely and the end of the 12 month appeal period is fast approaching.

By filing the NOD before the 12th month, what happens to the reconsideration request?

Does the NOD cancel out the reconsideration?

Does filing the reconsideration request change the initial effective date?

All replies are welcomed...............

[pwrslm]

Bumping your ??....Can you put in an appeal with a recon request at the same time?

[Berta]

File the NOD ASAP.

Some reconsideration requests are handled properly and in a timely fashion ( often alleviating the need for a NOD if the recon request grants the claim.

In other cases, the VA will try to piss away your NOD deadline by appearing to be 'working on" the Recon request...as happened to me.

They even tried to make up a regulation that does not exist.,to divert the recon request issue.

I filed a timely NOD and won that claim.Refer to the unadjudicated Recon Request in the NOD and re state why their decision is wrong , with evidence.

[toddt]

Here is a very good write up of "reconsideration" :

http://www.hillandponton.com/va-denied-claim-appeal-request-reconsideration/

[Gastone]

At that point, who cares? FILE YOUR NOD!!!

Then start thinking about putting effort into tracking down your Official Request For Reconsideration. You've got at least 1+ years of wait time, depending what type of Appeal route you choose. Just a DRO Review of 1 issue, with New & Material Evidence should not take the 3 to 41/2 years for a DRO Hearing or BVA Video or Travel Board.

Keep in mind, the submission of New & Material Evidence, by VA Reg; should trigger a VARO Automatic Review of your Denial. With the Automatic Review, the original Raters Decision is given "deference," as opposed to the DRO Review or Hearings "no deference' to original decision.

We've yet to see any posts regarding success with the New "Official Request for Reconsideration," program.

Semper Fi

Gastone

[toddt]

Here is a post started by Carlie in April 2015 about the new "request for reconsideration" .

[Fat]

I agree the NOD is the way to go.

Waited seven months for a reconsideration decision before filing the NOD.

Regional Office never even acknowledged they received the reconsideration request.