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]

Well I received the local lawyer "Welcome" packet, with the sign here and there etc. 20% as usual etc. Now I almost need a lawyer to look at what the lawyer's office sent. I mean come on can we make it any harder? 

So now I'm back to thinking do my own NOD or RECONSIDERATION because they did not list all the evidence I uploaded to eBenefits. It is not there I took SNIP of the screenshot to save as a .jpeg to show what I had uploaded. I'm talking 5 or 6 major documents and almost 2 years of private Ortho info, they used my first claim from 2015 ortho data for this years increases and new SC..not anything from past almost 2 years. That's terrible. Also of note, they had a request to the local VAMC for info, showed Past Due etc. There is a MRI or two in there from the VMAC and in the Denial letter they say no current diagnosis. The software tool they are using is broken for "Claims Builder" or whatever that term was used on the PODCAST last night.  Because there is no way they read all the info and say no current diagnosis. It's as if the local VAMC is playing a shell game with medical data. I say this because if they are scanning for keywords in PDF etc and find no data equals deny for increase or SC. (Example: take out qualifier on VET Z and run tool) And to push that thought a bit further you could do on Vet himself, group, category, etc etc. I say this from a tech background, and I'm talking DOW 30 tech experience.  I understand about VBMS and now it is harder to do that but this is not one well integrated machine we all know.  

Also, of note my Blue Button downloads from last couple of years and more importantly the last two months some stuff is "missing" as in phone contacts to the local VAMC. I have multiple downloads of the Blue button download. And someone else doing some changes in the Religion section which is sometimes blank but this most recent pull definately shows someone has an axe to grind I don't much appreciate that, thin skinned, not really but for crying out loud childish act.

I want to ask someone here best course of action based on my situation but I need to be able to provide/share for a learning experience for future Vets to learn from. And at the same time maintain my privacy. Since I am out of work now because of my SC, and I feel I should be rated higher in that one area which would take me to 70% just for that one contention which is already SC. My SC is not MILD it is MODERATE and from there it cascades. That one increase, just that one, would allow me to go for the inferred (Statement in Support of Claim) TDIU. Heck for all I know, I could be 100% SCH P&T and not even know it. (All of this takes a lot of effort to write because I'm already paying for it physically.) 

So I'm asking for help, not distress help, but help on what I can share with limitations. 

Thank you.