Blind Denial - Want to avoid flat-out appeal. What would be your course of action?

[K_C]

Hello all and thanks again in advance for the advice. I can engineer and troubleshoot complex enterprise and service provider networks, reclaim compromised systems, and develop robust web applications, but what I have not managed to do is understand and navigate the VA. It's like spaghetti in my mind that constantly gets stirred. The more I learn, the more confusing it gets.

So, most recent claim I got a C&P for one condition but not for the other two, which were denied. I call it a Blind Denial because the reason they gave for the decision was obvious I did not even look at your claim material.

Since the decision, I have acquired a favorable IME. There are a few things I know I can do, but I'm still not clear on the pros and cons of each, and that each offers its own benefits in certain situations. My primary goal is expediency and I am willing to sacrifice claim date, etc., to simply get a service connection and rating. I believe at least one of the denied claims is rock solid. As in, there's no way I can see a rational person could even approach denying it after having actually looked at it.

The options I think exist (please feel free to skip this part, I'm just showcasing my ignorance really):

1. NOD Appeal to BVA - Wait in line for years - Want to avoid as much as possible
2. Ask for local hearing? - I'm not actually clear on this, I've been told different things. Can I request a local hearing and actually get one in less than a year?
3. Reconsideration - I think this is where there has to be New and Material Evidence, no? I'm not even sure if there are speed advantages here
4. ??? - I've heard of other things here and there, some I think are just different names for the same thing. Hence my persistent state of confusion

If someone has time and knows all the options I have at this moment, I would greatly appreciate a plain [for dummies] list of those options and their pros and cons/pitfalls in this context (or a general context)? If you were me and your primary goal was speed over all else, in which order would you personally pursue each option? If not, something also helpful would be a knowledge article or other forum post that covers the general options available immediately after an original claim decision is rendered (I have as of yet been unable to pin one down).

Thank you in advance for your help. Best of luck to all on your claims. If your name was Mr. Lockheed Martin or Ms. General Dynamics, you'd have no issue squeezing millions out of the DoD in the name of patriotism. But us, well, on we fight! 

[FormerMember]

A DRO SOC often resembles the original denial verbatim. That's why we call them the "What part of 'No' didn't you understand?" communication.

[K_C]

A DRO SOC often resembles the original denial verbatim. That's why we call them the "What part of 'No' didn't you understand?" communication.

lmao...

Well, DRO Reviews seem like they would be highly susceptible to that sort of 30-second-to-close temptation. But, a [DRO?] In-Person Hearing would have more potential for a win, no? Particularly if well prepared with organized evidence, contention arguments, and maybe even an attorney present?

Can anyone confirm that one can request the in-person hearing before filing NOD? If so, is there a time limit on requesting it and is there a time constraint placed upon the VA to hold the hearing (in order to complete it prior to the 1-year NOD due date)?

[FormerMember]

You may request a hearing at any time during a claim-before decision or  after and still have a DRO hearing which you request with the filing of your NOD. I had one in 1990 right after my initial denial. It didn't help a whit  but what the hey, I got to meet the idiot who was denying me. He later became the head of the Seattle RO. Too bad he retired before he got to see all his hard work overturned by the CAVC.

[K_C]

VSO says in-person hearing for a claim denial is 100% waste of time, that they do nothing but parrot the original decision (I'm paraphrasing), that they are not in any way obliged nor will they answer questions about specifics, and that they exist mostly just for adverse-action rebuttals. I even asked if I brought an attorney if that would change anything and he assured me it wouldn't. Wtfo...

It seems nuts, but I've been surprised by the way of the VA more than once.

The stage I'm in right now is original claim denial of conditions. Is an in-person hearing really as useless as my VSOs claims for this stage?

EDIT: asknod, glad the CAVC got it right. I can't imagine how long that took, start to finish.

 

Edited September 21, 2015 by K_C

[FormerMember]

Sunrise July 28th 1989. Sunset Sept. 4th 2015. 100 +100+40+30+10+0%. And that little 24 X 48 greenhouse with all the bells and whistles.

I believed my DAV rep. I believed my Amvets rep. I believed my MOPH rep right up until my wife said WTFOver. I went out and won it six months later pro se. All three of them never told me about a nexus letter. The DAV puke in 1992 never told me I could go to the CAVC. He also said to let the 0% for tinnitus "ferment" for 10 years and he could then get me 10%. He said he didn't want us to look 'greedy'. That's what VSOs do. A hearing that corrects a mistake is a worthwhile one. If it entails N&M E, even more so. But mostly, they are useful when a rater just bolloxes up the claim so badly you need to have a sit down and do the Powerpoint presentation. Having an attorney - a real dyed in the wool one with a JD, lets the VA know you're not a flash in the pan that is going away with his tail between his legs. Always remember what the VSO charters say. "We promise to help the VA adjudicate a Veterans claims."  An attorney's credo is "I promise to do everything legal to get you SC". No mention of helping VA. Big difference, sir.

[K_C]

Damn, 25+ years? I wonder if they're going to adjust it all for inflation.

My wife has also wtfo'd me about my VSO, but I gave benefit of doubt. He's a nice enough guy, but his constant discouragement might make him a hindrance more than a help. I guess I have some more thinking to do on that.

Thanks again for all the wisdom. This community is the single most significant reason I have succeeded as much as I have.