Fat Posted July 30, 2015 Share Posted July 30, 2015 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............... Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted July 31, 2015 HadIt.com Elder Share Posted July 31, 2015 Fat did you file that on ebenefits? if you did this is what concern's me about ebenfits, if you can't prove they receive something from you then your SOL I just got me an ebnnys account...it maybe worth going to the P.O. getting that greencard. jmo ............Buck I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!! Link to comment Share on other sites More sharing options...
0 Jumpmaster Posted July 31, 2015 Share Posted July 31, 2015 Fat I think many of us believe actually its better to file NOD or if the request for reconsideration is not complete with in 1 year The NOD saves the effective date of the claim . As evidenced by RO delayed 7 months then claimed non receipt of your Recon Request. I recall somewhere reading about Recon that Attorney Chris Attig said it was ineffective at the RO level so if I misunderstood that others are welcomed to chime in an correct my input. Buck asked? If you submit on Ebenefits can you prove VA got it without the return Green Card? Buck I've not submitted a NOD using Ebenefits . However, I did upload other document requested for my unfinished claims (affidavits, VA forms request forms 4138, 686c, 674s etc) after each upload I received a green light confirmation alert that my upload was successful and the prompt please print the upload receipt. IYou know how easy it is for VA or anyone to erase, manipulate, and vandalize electronic data. So I've printed each upload receipt and placed it into my records for 'CYA' insurance protection just in case that I must attach it to any future NOD and call VA out for lying about non-receipt of info they asked for. I can see everything in my uploaded documents and unsolicited items folders. I hope my experience tip is helpful because I'm just another trainee going through E-benefit boot camp. Jumpmaster Link to comment Share on other sites More sharing options...
0 carlie Posted July 31, 2015 Share Posted July 31, 2015 SUBMIT YOUR NOD IN A TIMELY FASHION or KISS AN EARLIER EFFECTIVE DATE GOOD-BYE. Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
0 Gastone Posted July 31, 2015 Share Posted July 31, 2015 Just a thought. End of 2013 I had been waiting for DRO Hearing from 09/2010. Could never get any type of decent answer as to WHEN, from VA VSO or 800#. While reviewing the M21 for DRO's I noticed that a DRO could request, a Vet on appeal come into the VARO to have an "Informal Evidence Conference." I figured, nothing else seemed to be going on with my appeal, so I filed an official request for an "Informal Evidence Conference" the end of 01/14. Received the standard VA notification of receipt within a couple weeks, but that was it. No further VA contact until I received a "DRO Hearing" notification the end of May, with a hearing date of 06/27. Maybe my time was up but I like to think my Informal conference request helped get them off the dime. Semper Fi Gastone Link to comment Share on other sites More sharing options...
Question
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...............
Link to comment
Share on other sites
Top Posters For This Question
2
2
2
1
Popular Days
Jul 30
6
Jul 31
5
Top Posters For This Question
Gastone 2 posts
toddt 2 posts
Fat 2 posts
pwrslm 1 post
Popular Days
Jul 30 2015
6 posts
Jul 31 2015
5 posts
Popular Posts
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
10 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now