Reconsideration after SSOC

[jlrith]

I would like to know if it's possible to request a reconsideration of a claim following an SSOC.

My claim just had an SSOC issued, and while I haven't received it yet, since it's an SSOC they denied my claim.

Here's the background:. While in the military I sustained a cold injury.  Years later, still in the military, I was diagnosed with Raynaud's (which can be caused by a cold injury.). The VA is not service connecting my disability as a cold injury because did not get medical attention for the original injury.  

That's my primary fight with the VA, but there is a second evaluation method that the VA had been completely ignoring.  In 2012 I started getting chilblains, which are a type of cold injury (prior to 1998 the VA regulations even specified them by name as a type of cold injury.). The VA service connected me with "Raynaud's syndrome with chilblains syndrome" and continued my Raynaud's rating because 'the symptoms of chilblains syndrome are so similar to Raynaud's that a separate rating would be pyramiding.'

But, if you evaluate my chilblains directly (being a cold injury) or by analogy (since they aren't in the disability schedule) you come up with a rating much higher than under Raynaud's.  And, VA has a well-established duty to maximize a claimant's benefits.  Buie v. Shinseki, 24 Vet. App. 242 (2011); AB v. Brown, 6 Vet. App. 35 (1993).  Here, this duty requires use of the Diagnostic Code that is most favorable to the Veteran.  The applicable Diagnostic Code that results in the highest evaluation must be used, in other words.

But, alas, the VA has completely ignored this, even though I have pointed it out each time.

So, my question is, prior to going to the BVA, can I request a reconsideration to directly address the matter of properly rating my chilblains?

Edited February 18, 2018 by jlrith

[jlrith]

Hi broncovet,

I have my full c-file and keep copies of everything that is submitted to the VA, including C&P exams. This particular case has to do with an SSOC; form 9 already filed (3.5 years ago.)

I have submitted overwhelming evidence in my favor, including an IMO from the doctor who literally wrote the VA manual on my disability.  The DRO completely disregarded my evidence.

Given the evidence I have submitted since the DRO review, I suspect the SSOC is a copy-paste of the SOC.

Once I get the SSOC I will post it, the SOC and the original denial letter and additional details.  It's really sad how incompetent or adversarial the DRO was.

I have additional evidence to submit, so I'll have another review unless I waive local review.  That depends on the SSOC though.  I suspect it's a waste of time to deal with the RO on this since they are simply ignoring my logic, requests and evidence.

I was asking about the reconsideration because the VA has not even tried to evaluate my chilblains correctly, so I was hoping there might be a way to get this stupidly straight forward resolution looked at.  

But having been through this a number of times I know better.

 

[vetquest]

Yes, it is possible to request a reconsideration of the claim after the SSOC but I am not sure I would recommend it.  My claim was kept at the local level for four or five years with reconsiderations.  All of this time I had filed a form 9 and I did not get a BVA date.  All of my reconsiderations (about four) went back to the same reviewer and it seemed he just was justifying his original decision.  I believe the BVA is more evidence based than the local VA and if you want all information considered the BVA is the best place to see this done.

One a personal note, watch out for neuropathy.  It is related to cold and heat injuries and is service connectable after many years.

[Gastone]

JL, was this recent SSOC the result of a BVA Remand to your RO? Could you point us to your BVA Decision for Remand? If not, how about posting a redacted copy of the Remand decision?

At least I think this is now somewhat clearer, sometimes I'm a little slow. This started with a 09/2013 Denial, you had a DRO Review Denial SOC 09/2014 and filed an I9 to the BVA 10/2014. This DRO Review with a New C & P was the result of a BVA Remand.

Me thinks you should have the SSOC near 03/01/2018.

If this SSOC is the Result of a Remand, I think you have certain time constraints ( ?30 Days from Date of SSOC) as to what your continued Appeal options are.  Might be time for Asknod to chime in, or possibly you should address the "Options Issue" directly with him via a private msg.

What does your DAV VSO have to say?  I think you have to have the BVA Decision in hand, prior to filing with the CAVC.

[Buck52]

Jl

Unfortunately these type claims are very hard to win without medical Documentation. 

I suggest you look up some ol BVA Cases  and find one that is in similarity to your claim. I put up a link for just one case in which the Veteran was denied  but the information in it from VA Case Law May give you some pointers as to what they look for.

https://www.va.gov/vetapp94/files2/9418586.txt 

However, Most of the Cases of ''chilblains'' was not mentioned in the Veterans C file  and  also in other exams....

when we go see a VA Dr and they ask us about our injuries  We need to tell them about All injuries, because some veterans train of thought are on what he is there for and not mention his Frostbite Injury..but it's a darn good I deal to mention it and in some BVA Cases this why what they denied the veteran for  and medical records was not in his C-FILE to help substantiate his claim, EVEN IF THE EXAM IS NOT FOR WHAT YOUR CLAIMING the point of this is to get your chilblains Medically Documented.

And also not responding to the VA Request in a timely manner or the vet never received the request,  if you have 30 days to respond and you respond within those 30 days and you hear nothing back from the VA  ...within reasonable mailing time  then the Veteran needs to contact the VA and let them know  you sent in your request within the 30 days and with your proof of mailing return signed receipt or receipt on ebenefits will be your evidence   as you know all this  but I'm just saying if a veteran dont do all these things   the board will usually deny.

You can get an IMO from a Specialist and let him read your pertaint medical records and your STR as to when this injury occurred in military service and ask if he can give his opinion as to the injury that he reports while in military is likely as not the cause or related to this condition that  he now has as a Result of this Injury while in military   his MOS was ******and just give a full detail as to why his opinion and give his credentials and expertise.

If you have a copy as to why they denied you will help other members to help you better.

But you can look up some old BVA Cases and read them  it will help you to know the laws as they are applied to some of thee cases  win or lose.

If you have not Request your full C-FILE  For All front flaps middle flaps and back flaps of your entire Cfile    AKA ''Claims Folder' Do it ASAP.

Edited February 19, 2018 by Buck52

[Buck52]

17 hours ago, jlrith said:

Thank you for the response Berta.

That my chilblains were not rated under DC 7122 is at the center of my question.  The VA has decided to completely ignore rating my chilblains under DC 7122, even though I have raised the issue multiple times.

My question still stands though:  Am I able to request a reconsideration addressing the mis-evaluation of chilblains?  I'd hate to waste the BVA's time when this one is straight forward. 

Ok I see you have your C-FILE.

if you have evidence to submit  if this claim has been closed  ask for a reopen  and not a reconsideration, because there's really no such thing as a reconsideration claim 

However if this has been denied at the BVA There are two times when you can request reconsideration. The first time is after an adverse Board of Veterans Appeals decision. The second is after a Court of Appeals for Veterans Claims decision by a single judge.

[jlrith]

7 hours ago, Buck52 said:

Ok I see you have your C-FILE.

if you have evidence to submit  if this claim has been closed  ask for a reopen  and not a reconsideration, because there's really no such thing as a reconsideration claim 

However if this has been denied at the BVA There are two times when you can request reconsideration. The first time is after an adverse Board of Veterans Appeals decision. The second is after a Court of Appeals for Veterans Claims decision by a single judge.

This claim is between the SSOC stage and BVA.  I-9 form filed 3.5 years ago.

I have done tons of research into BVA cases similar to mine.  From those cases I expect a win at the BVA:

- They actually read through the case and apply the law properly (at least compared to the RO)

- They are sympathetic to veteran when it comes to complications (in my case, no direct documentation of my cold injury)

- I am service connected for of Raynaud's, which is a common cold injury sequelae

- I am service connected for Chilblains, a type of cold injury

- The BVA has leeway on applying disability ratings; Many of the decisions remand or rate Raynaud's under diagnostic code 7122 (cold injury residuals) and my symptoms align very closely with diagnostic code 7122.  

 

Thank you for the info on reconsiderations at the BVA and CAVC.  

Edited February 19, 2018 by jlrith