I ran across this in m21-1 Part 3. According to this recently updated information a request for reconsideration is a viable choice at the regional level.
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 isnotrequired 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 reopenhasbecome final.
Reference: For more information about claims to reopen a finally denied claim, see M21-1, Part III, Subpart ii, 2.D.
b. Initial Steps for Handling a Request for Reconsideration
The table below describes the initial steps for handling a request for reconsideration
If the claimant submits ...
Then ...
evidence VA has never before considered
refer the claim to either the rating activity or authorization activity (whichever made the decision at issue) for reconsideration.
no evidence but makes reference to available evidence that VA has never before considered
assist the claimant in obtaining the evidence.
Note: Follow the applicable instructions in this table once VA receives the evidence.
Reference: For information about assisting claimants in obtaining evidence to support their claim, see M21-1, Part III, Subpart iii, 1.C.1, 2, and 3.
a statement indicating a willingness to report for examination(s) after failing to report to a previously scheduled exam(s)
reorder the missed examination(s).
·no evidence, or
·evidence VA has already considered
send the claimant the letter shown in M21-1, Part III, Subpart ii, 2.F.1.e.
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jamescripps2
I ran across this in m21-1 Part 3. According to this recently updated information a request for reconsideration is a viable choice at the regional level.
Section F. Requests for Reconsideration
1. Requests for Reconsideration
Introduction
Change Date
a. Definition: Request for Reconsideration
b. Initial Steps for Handling a Request for Reconsideration
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FormerMember
Make sure you are looking at a current M 21.
jamescripps2
I ran across this in m21-1 Part 3. According to this recently updated information a request for reconsideration is a viable choice at the regional level. Section F. Requests for Reconsideration
Gastone
As I recall, there was a fair amount of discussion regarding the 07/15 M21 change, back in late 15, here on Hadit. The fact that the Official "RFC" filing, however & whenever done, did not stop t
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