Recon Request vs. Re open

[Berta]

This subject has been dealt with here many times-

The March 2015 changes to M21-1MR are here explain the way Reconsideration requests are handled:

Hilland Ponton point out the pits falls of Reconsideration requests here:

https://www.hillandponton.com/never-file-request-reconsideration/

(Personally a CUE might well be a better approach in some cases-what I mean is say VA failed to consider some probative evidece they had-and  that could warrant a CUE  claim which would cause VA to 'reconsider' their decision) rather than fiing a formal  reconsideration.

The new 2015 regulations extend the NOD deadline  for that in some situations- as within the regulations in the link box above- but the actual 2015 regulation all has to be read carefully-  

 

 

A re opened claim is explained here:

"Definition: Reopened Claim. A reopened claim is any claim for service connection, received after a finally denied claim, which VA must reconsider because the evidence it presents is new and material."

 

https://www.benefits.va.gov/WARMS/docs/admin21/...1/.../pt03_sp02_ch02_secE.doc

 

"- A reopened claim is a claim filed for a benefit that could not be granted and the decision has become final, meaning that it is over one year old and has not been appealed. VAcannot reopen these claims unless new and material evidence is received."

 

https://www.benefits.va.gov/compensation/types-claims.asp

 

The only thing that awards claims is Evidence. Either they overlooked probative evidence which prompted a denial ( potential CUE or reconsideration) within the appellate period, or the veteran is out of the appellate period but supplies them with probative avidence they have not seen before and asks for a re-open based on this New and Material evidence.