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What does it mean when a claim is reopened

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jfrei

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jfrei Grand Master

jfrei

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Getting nervous and anxious but ever time it's near they call to reschedule. I understand the reasoning just sucks because the first was they failed to contact my lawyer before scheduling on a date he couldn't do. This time the pope. I know I need new and material evidence just want to know what happens next after it reopens?

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mojo13
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Thank you so much andyman73, will do.

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broncovet Grand Master

broncovet

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The biggest thing is that you preserve the effective date.  See 38 CFR 3.156.  

When you are asking for a "reopening" it means your claim was denied, and you have new evidence for them to consider.  If they like that evidence, and its considered probative, you can get an earlier effective date, if/when benefits are actually awarded.  

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jfrei Grand Master

jfrei

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Ok so I've been told by my attorney that the DRO looked at my file and hinted he was to deny the CUE but possibly reopen the claim based on new evidence just curious on what that means if it does reopen does that mean they can still deny the claim based on new evidence or just that you get more time to show why the evidence is in your favor?

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USMC_VET Experienced

USMC_VET

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Can you give more detail on your claim?  the exact timeline and what happened, doesnt have to be every detail just

June 2014 filed claim for ___,____

Sep 2014 Decision issued for __,___, Denied

October 2014, filed NOD and sent in new evidence, request DRO Hearing

May 2015, Sent in new and compelling evidence.

 

 

Reason being that I cant help out like i would like to because i dont know the details or the important dates.

There are 3 (really 4) ways to deal with a denial

 

Oh well - let it stand and dont do anything

NOD - You are saying I dont agree, and I want to keep my original retro filing date. NOD preserves your initial filing date for retro, you fight it and win you get the retro date back to when you first filed for it.  You have 1 year from the decision date (on the letter) to file.

Reopen - I have agreed that you were right to deny me, but now i believe i am right and am filing again.  Your retro only goes back to the date you actually reopened it. Can be done anytime after a denial

Reconsideration - This is a newer way to go, however i dont see any reason to do it.  it basically says i dont agree and i want you to relook at the old evidence and any new stuff i have.  They may or MAY NOT recognize the old retro date. 

 

I dont see any reason to use a reconsideration.  however if you are talking about reopening i would like to know when your denial was so i can say if you should just file a NOD, etc.

Edited by USMC_VET

70% - PTSD

->50% - OSA (Secondary to PTSD)

30% - Bilateral Pes Planus w/Plantar Fasciitis

30% - Migraines

10% - Tinnitus

20% - Back

0% - bilateral shin splints

 

 

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Andyman73 Veteran

Andyman73

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Can some tell me what form do you use to reopen claim.   I was denied by BVA but now have Imo which I should have sent the first time from VA doctors????????????

You can do it on line @ VA.gov, eBenefits, just like filing an initial claim, you can file to reopen, or reconsider.

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