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allansc2005

Reconsideration or something else?

Question

I'm SC at 80%, with 40% on my right leg.

Back in June, I had a C&P exam on my right leg and knee, and was denied increased compensation this August because I didn't meet the range of motion guidelines for increased benefits.

This September, I learned that my right leg, currently SC at 40%, is now shorter than my left leg, and a recent MRI on my lower spine, which is SC at 20%, has a "mild progression of the facet hypertrophy at L2/L3-L/5/S1, since the last MRI.."

Over the past few years, I have had physical therapy on both my leg/knee, as well as my lower back, and have had at least 3 shots of Cortisone in that SC knee, and podiatry has prescribed a shoe insert to make up for the shorter SC right leg.

 

Everything is medically documented.

 

So, in view of the above, do I ask for a reconsideration of the C&P decision, or something else?

 

Thanks. 

 

 

 

 

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Reconsiderations are discussed here, under a hadit search. A request of this type does NOT stop the NOD clock.

If you are willing to get an IMO/IME and the independent doctor -with your medical records, the C & P results,

the VA rating schedule for the disability claimed,

and the criteria for what IMO/IMEs need to cover, also , available here as well under a search for Read First before getting an IMO/IME...perhaps they would change their decision.

At 80% now are you still employed?

 

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Ok.  A C and P exam is NOT a decision.  Its evidence for a decision.  If you are in the one year appeal period, you can appeal by filing a NOD.    If you are not in the one year appeal period since the decision, your choices are more limited.  Some of your options to consider are:

1.  Submit "new and material evidence" under 38 CFR 3.156.  If you do have evidence not previously considered, this is likely a good choice.  This would work especially well if the new evidence was your Service medical records.  

2.  File a new claim, especially if your service connected conditioned caused something else to flare up.  (Secondary).  

3.  File for an increase to existing claim if your service connected condition got worse.   

4.  Review the cfile in detail and see if there is clear error that may entitle you to an earlier date.  

Edited by broncovet

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If you choose the Recon method,

Goggle VA Reconsideration Requests and these docs will open in your Word program after you click on them:

Claims for Reconsideration - Veterans Benefits Administration - US ...

www.benefits.va.gov/.../M2...
  1.  
  2.  
United States Department of Veterans Affairs
Mar 24, 2015 - For the purpose of this topic, a request for reconsideration is a requestfrom a claimant for the Department of Veterans Affairs (VA) to reconsider ...

[DOC]Reconsideration of Denied Claims - Veterans Benefits Administration

www.benefits.va.gov/.../s17...
  1.  
  2.  
United States Department of Veterans Affairs
This section sets forth reconsideration procedures regarding claims for benefits administered by ... Submitting a request for reconsideration shall constitute a notice of ... will be made by the immediate supervisor of the initial VA decision-maker.

 

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Broncovet and Berta,

Thanks for your input.

 

Berta, I've had no earned income since 2000.

 

Broncovet, I just got the C&P denial back in June of this year, so I am well within the year you speak of.

 

Berta/Broncovet, considering both of you had great input for my situation, which option do I choose?

 

Thanks.

 

 

 

 

 

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I think you should consider # 4 in Broncovet's post.

There is always a possibility that they committed a CUE by ignoring Probative evidence that would have definitely could have put you into a higher rating.Then again, that is what I would do first....because they always make many errors on my stuff...

All of his suggestions are good.

Can you scan and attach here their Reasons and Basis? (cover C file # prior to scanning)

You dont have to google the Recon stuff, from M21-1MR ....I just clicked on it and it all came up in Word program...that info might give you the best way to go.I have not had time to read it all but a reconsideration request is very much like a CUE, in that they are asking the veteran to identify the error the RO made.

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