Reconsiderations

[FormerMember]

Dear Hadit members,

After reading about 500 discussions on "Motions for Reconsiderations", I finally felt the spirit within move me to write about it. I researched everything from the M21 to 38 CFR in its entirety. Here's the report. My dogs were extremely instrumental in helping me frame the discussion. Not unexpectedly, I had occasion to sneak up on a VSO from a Tacoma, Wa. VSO and lay it out for him from the standpoint of a prospective Veteran  looking for representation. He jumped in with both feet and heartily encouraged me to go the recon route prior to a full-blown NOD. His rationale? "Well, with the new FDC method, they're getting the backlog out of the way and they have more time to review a decision again before you reach the one-year suspense date to file the NOD. This is a great way to avoid a long appeal or wait a year for a DRO review". 

Huh? If you have to wait a year for a DRO show (with or without a hearing), how is it they have time to burn on a MFR? He didn't have an answer. He shrugged his shoulders and said "That's how it works. I don't make the rules." For the record, I haven't met anyone who got a genuine MFR done in that magic 12 months before a NOD filing except in the examples I wrote about. As most of you know, my idea of a MFR is an Extraordinary Writ of Mandamus. I guarantee you'll get some action using that method in 45 days if you've been in a holding pattern for two or more years waiting for a SOC or an up or down following the submission of N&M E.  The backlog didn't go away. It migrated to DROs, certification and the BVA.

There's a technique for any project. Choosing the right one isn't hard. Rest assured that if there was a shortcut, everyone here would have heard about it by now and it would be adequately described in the M21 for dunce raters to follow.

http://asknod.org/2016/01/16/vsos-lets-send-in-a-request-for-reconsideration/

 

[pwrslm]

I did this.  They told me the recon was quickest.  I submitted it 8 Oct 2015.  The statement I made pointed out CUE, and EED errors, which were obvious.

I was going to give it 60 days, ended up w/surgery so it slid to 90 days.  They completed it on 4 Jan 2016.  I got everything I asked them for in under 90 days.

 

This was probably the exception, not the rule.  I was fully aware that they could milk this for a long time, but I lucked out.

Edited January 19, 2016 by pwrslm

[Vync]

Hey AskNod,
I don't know if I would trust a VSO that believed a veteran would only need to wait a year for a DRO show. Most folks I talk with say 2+ years is the reality. Mine took about 19 months, but that was back in 2013.

 

 

[RUREADY]

IT WORKS with evidence they did not consider is just like new evidence

just file NOD within 1 year. Keep this in mind. Reconsideration works ask VA

why its not in cfr or the M21 tell us what they say ask you will get an answer

[RUREADY]

its good you believe that crap just don't tell everyone else its right

[FormerMember]

2 hours ago, Vync said:

Hey AskNod,
I don't know if I would trust a VSO that believed a veteran would only need to wait a year for a DRO show. Most folks I talk with say 2+ years is the reality. Mine took about 19 months, but that was back in 2013.

 

 

 

On 1/18/2016 at 11:06 AM, asknod said:

We all know a NOD  almost guarantees a 16-20 month pause in the process but it does entail a new decision which is, essentially, a motion for reconsideration. A DRO review is identical inasmuch as it also grants a de novo decision but takes 3 years if you're lucky. 

 

[Chuck75]

2 hours ago, pwrslm said:

I did this.  They told me the recon was quickest.  I submitted it 8 Oct 2015.  The statement I made pointed out CUE, and EED errors, which were obvious.

I was going to give it 60 days, ended up w/surgery so it slid to 90 days.  They completed it on 4 Jan 2016.  I got everything I asked them for in under 90 days.

 

This was probably the exception, not the rule.  I was fully aware that they could milk this for a long time, but I lucked out.

I have to believe that you were caught up in the end of year effort to clear things out. The last time I tried a DRO review was several years ago, and it was submitted within days of a denial. The DRO "rubber stamped" the denial, and Nehmer reversed the denial, added and rated other A.O. related conditions, and made a polite but snide remark in the award that concerned the RO. Basically, the remark translated was "you idiots! The evidence was sufficient to grant, even without a Nehmer review.."