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/

 

[RUREADY]

I think someone post your answer on another post you have

about this "reconsideration" in the mfr  and you still don't believe

look at your old post on this you got an answer can you post it

[RUREADY]

claim is not the same as 20 years ago you can get your information

off line something  you didn't have back then. Anyway shorter to get a claim

approve go for it. You remember 1 year before nod. I guess you cant file NOD

and recon at the same time or which one is first that's what I need info on this

 

[RUREADY]

asknod, most of what you say is correct after researching a little

VA says you can only file a reconsideration after a BVA DECISION

denial. I apologize Brother, you are correct according to VA but how is people

winning going this route or is it a Dro review or what

[Guest]

44 minutes ago, RUREADY said:

asknod, most of what you say is correct after researching a little

VA says you can only file a reconsideration after a BVA DECISION

denial. I apologize Brother, you are correct according to VA but how is people

winning going this route or is it a Dro review or what

It doesn't matter how you put it but there are absolutely no consistency, regularity, or standards  with VA.  What one VA may grant another may deny and what one veteran get service connected for others may not unless they appeal.  The bottom line is if it works for you then it works for you.  There is always more than one way to skin a kitty kitty cat. 

[RUREADY]

I told you they play dirty and write rules as it comes up

judge, jury, and write the laws you think about it. I do know it works

"recon" and before a BVA denial at the RO level

[pwrslm]

This is why I let the reconsideration go forward, there is nothing in the CFR about this.

 

M21 part 3 section II chapter 2 (F) reconsideration

Chapter 2 - Benefit Programs and Types of Claims

• Section A - Department of Veterans Affairs (VA) Benefit Programs - Updated 6/21/15
• Section B - Original Disability Claims - Updated 10/29/15
• Section C - Informal Claims - Updated 12/14/15
• Section D - Reopened Claims - Updated 12/15/15
• Section E - Claims for Increase - Updated 7/15/15
• Section F - Requests for Reconsideration - Updated 7/15/15
• Section G - Withdrawal of Claims - updated 11/30/15
• Section H - Renouncements 11/30/15

Section F.  Requests for Reconsideration
1.  Requests for Reconsideration  
Introduction This topic contains information on claims for reconsideration, including   definition of a request for reconsideration  initial steps for handling a request for reconsideration   effective dates for requests for reconsideration of  increased evaluation   determining whether to include appeal rights in the decision notice, and  letter to a claimant who provides no evidence, or evidence VA has already considered, in support of a request for reconsideration.  
Change Date July 15, 2015 
a.  Definition:  Request  for Reconsideration
For the purpose of this topic, a request for reconsideration is a request from a claimant for the Department of Veterans Affairs (VA) to reconsider one of its decisions that has not yet become final (the one-year appeal period, which begins on the date the claimant was notified of the decision at issue, has not yet expired).  A prescribed form is not required for a request for reconsideration.  A request for reconsideration differs from a claim to reopen in that the decision at issue in a claim to reopen has become final.

 

Edited January 20, 2016 by pwrslm