Reconsider or NOD?

[spearhead91]

I have read quite a few post about NOD, appeal, BVA CACV etc. Just received denial on bunch of contentions. I'm reluctant to post denial letter fear of retaliation etc. Anyhow is a quick send of a Reconsideration request and about a 10 or a dozen pieces of extra documents that did not appear in the evidence list. Some were uploaded to eBenefits but not mailed in. So in reading the MR 

M21-1, Part III, Subpart ii, Chapter 2, Section F - Requests for Reconsideration

Article ID: 554400000032429

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000032429/M21-1-Part-III-Subpart-ii-Chapter-2-Section-F-Requests-for-Reconsideration?query=m21-1 part iii subpart ii chapter 2 section f requests for reconsideration

It sounds like all I have to do is a one page letter with name/ssn etc and add the new and material evidence that does not appear to have been used in the claim decision. I've read all the horror stories about the NOD clock etc but these items are IMO's, STD received, and a few other documents that do not appear on the evidence list. I won't be able to get the updated C-File in time. 

So it is worth the effort with the reconsideration? I ask because Ramp closely approaching. Note, I did not get a RAMP letter with the decision just the standard appeal form.

Also, discovered a CUE from prior decision can that be added into the current reconsideration? or does it need to be another request? Or will it be a admin nightmare?  (((Chuckles should file a new claim also. Valid though.)))

Thanks

Spearhead91

 

[spearhead91]

One example for left hip where I had IMO and uploaded to eBenefits, rest have the same type of wording. And IMO not in the evidence list at all:

"Service connection for chronic pain left hip secondary left knee is denied.
Your service treatment records do not contain complaints, treatment, or diagnosis for this
condition. We did not find a link between your medical condition and military service.
The medical examiner that conducted your compensation exam on XXXXXX, opined that this
disability was less likely than not incured in or caused by military service.Taking into
consideration all of the Veteran's service treatment records and medical history since separation,
the majority of medical evidence is against a nexus link between the Veteran's current left knee
degenerative arthritis, status post meniscal tear with ACL reconstruction and ACL deficiency.
Service connection may be granted for a disease or injury which resulted from a sen'riceconnected
disability or was aggravated thereby. Ihe evidence does not show that chronic pain
left hip secondary left knee is related to the service-connected condition of left knee degenerative
arthritis, status post meniscal tear with ACL reconstruction and ACL deficiency, nor is there any
evidence of this disability during rnilitary service.

So I don't get it how they can just blow off the IMO. I screwed up my first claim in some ways, tried to do better on second claim, get an IMO, they rushed me into C&P's, open to close and Deny in 90 days. I had new x rays or my hips, they didn't have my last 1.5 years of Ortho records only used same records from first claim (failure duty to assist). It's as if the person was rushing to get their numbers or quota so they could get their bonus. That's disgusting.

[Berta]

Can you scan that IMO ( cover C file #, your name and the IMO doctor's name prior to scanning , and attach it here?

[vetquest]

Unfortunately there are a lot of times that RO decisions miss important data and dismiss other data they should have considered.  In my second remand from BVA they called out the RO for not using buddy statements and told the RO that I was a competent witness for my case (he appears to be truthful).  The good news is that once your case hits the BVA they read the evidence and weigh the evidence that the RO tries to leave off.  It almost seems recently that the RO's deny cases at their level that where they should have given benefits.  This leaves the BVA to give justice. 

[spearhead91]

Berta the IMO was from a DR that was listed on one of the VA claims websites I/we all read probably. I'm reluctant to post the IMO or that section even redacted, looking at just that section though, even if they did read it it still wouldn't justify all the other parts of the IMO for service connection of other contentions. It's honestly as if they did not read it or said bad word him meaning me. It looks very very bad on the surface anyway I look at it. I'm having a hard time sitting, standing, walking and using the PC for periods of time. I don't have the ummpff like I use to have and as I'm only a little over 7 dog years. It's pathetic. 

I guess I'm going to have to lawyer up for NOD and apply for SSDI at the same time. I keep pursuing this because I was given a medication that was pulled from the market and caused me damage while serving, decades later I discover the truth from a renowned private university where the DR said and I quote "..you need to find the trigger....", and it goes back to that medication and what it did, it changed/damaged me.  And possible other exposures over there in service.

My bones are worn out knees, hips and back and I HAD TO DO an office job since I got out.  Looking back they should have done another surgery on me or MMRB.  Now I can't do that office work anymore. Currently drawing STD but if it converts to LTD that's only good for 2 years.  My employer who I let know I was partially disabled veteran did nothing for almost 2 years after my initial claim was awarded, mgr gets fired for some reason, DR who was taking care of me "retired", new employer manger tries to help me and accommodation and that did not work out because coworkers not sympathetic, borderline EEOC stuff for DAV.

My story is rich with woulda, coulda, shouldof but I pursue my claims because my bones are worn out. My wife now, divorced from my first wife because I never wanted to do anything because of my dang body and yes I put that in my Statement,  who is 100% SSDI disabled help each other constantly around the house. We have enough to get by but now just barely, we both grew up very poor so we know how to be fruggle/coupons/sales. 

 

 

 

 

[spearhead91]

I've lawyered up. Only because I can not use my right SC arm for only a limited amount of time to this part of the fight. And yes it's my dominant hand. 

[broncovet]

Good idea..especially if you have gotten a BVA denial.  In that case, EAJA usually pays your attorney fees.