Reconsideration at the VARO is legitimate

[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

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 notrequired 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.   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.

 

[Berta]

It has always been legit James, but the only regulations for re considerations were within the BVA regulations.

What is good for the BVA is good for the RO and many vets have filed for reconsiderations at the RO level prior to these regulations coming out.

Since the BVA has a reconsideration method ( on back of each I-9 form), the RO still falls under the same 38 USC/CFR.

This type of request however does NOT stop the one year NOD clock.

I filed for one in around 2005 when they denied a 3 part CUE claim I had on a 1998 decision.

 

 

[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 the NOD Clock; was the big take away.

To this date, I am not aware of any Hadit Postings, indicating a Vet had is Denial reversed based on a successful Official "RFR" outcome. Worth a try, but you better submit an actual piece of N & M Evidence, that is absolute GOLD.

A question comes to mind, besides possibly adding some time to your actual appeal, does the timing of filing of the "RFR" or the NOD affect one another? Does filing the NOD, cancel the "RFR?"

 Whatever a Vet decided to do, DO NOT MISS THE NOD FILING DEADLINE!!!!!!!!!!

Semper Fi

 

[Buck52]

The main wording in this subject is

''The Effective Dates''

   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.

 

jmo

 

................Buck

[jamescripps2]

 

I submitted my NOD along with my request for reconsideration and N/M evidence on the 29th of January, well within the one year deadline. I agree, if the reconsideration produces a favorable decision it will have saved some time. If denied, it will add some time before it will be certified to the board. I am thinking that it is worth a try as it is a pretty well cut and dried claim. Only time will tell.

Hopefully, If the claim eventually does go to the BVA some kind of reform will be put into play between now and then to fix the broken system. I hope that time is on my side, but then we never know. I am content, confident and have well learned over time the virtue of patience.

[FormerMember]

Make sure you are looking at a current M 21.

[Guest]

3 hours ago, jamescripps2 said:

 

I submitted my NOD along with my request for reconsideration and N/M evidence on the 29th of January, well within the one year deadline. I agree, if the reconsideration produces a favorable decision it will have saved some time. If denied, it will add some time before it will be certified to the board. I am thinking that it is worth a try as it is a pretty well cut and dried claim. Only time will tell.

Hopefully, If the claim eventually does go to the BVA some kind of reform will be put into play between now and then to fix the broken system. I hope that time is on my side, but then we never know. I am content, confident and have well learned over time the virtue of patience.

James the problem you face is what will VA do. We all know that VA is not veteran friendly and I have seen VA process the veteran's NOD and completely ignore the veteran's request for reconsideration.  I am not trying to be a downer, just trying to let you know that it is a lot easier for VA to look at that NOD instead of the reconsideration. It even happened to me, in which I finally got a denial and had to appeal and finally won my service connection.  By VA processing the NOD it gives VA more time to screw things up. 

Hope the best

P. S. I have also won a different claim requesting VA to reconsider within the NOD time frame but I eventually had to file a NOD because VA screwed up the effective date on that claim too. So in my experience it is still a major problem at the local RO level.