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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Parkinsons & Diabetic Polyneuropathy

Question

Last year I filed for Parkinsons Disease & Diabetic Polyneuropathy. They awarded me 20% Bilateral Upper and 20% Bilateral Lower Diabetic Polyneuropathy but didn't award a rating for Parkinsons. They claimed it would be pyramiding the bilateral polyneuropathy awards. I can't believe they would try and conflate the two different diseases. Is there any way they are correct in their ruling on this? They are totally different diseases but they both effect the arms and legs (in different ways) they claim it would pyramiding.

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Buck52, The one year deadline to appeal was Aug. 30,2018. My DAV VSO talked me into filing for a reconsideration, he said it would keep the NOD and CUE options open. I think I need a new VSO, I joined the DAV just to get better representation, boy was I wrong.

I guess now I'll have to try to straighten this mess out on my own.

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if you request reconsideration  (about your options your VSO was correct)

 a request for reconsideration is a request from a claimant for the Department of Veterans Affairs (VA) to reconsider one of its decisions that has not yet become final (the one-year appeal period, which begins on the date the claimant was notified of the decision at issue, has not yet expired).   if you do! this leave the option open for reconsideration or CUE.

you will need to provide  new & material evidence  or prove that the evidence they had was not considered in your claim.

CHECK OUT THIS LINK FROM  Hill & Ponton Attorney's

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

Why a Reconsideration will not work...and why a Reconsideration will work.

 

However ,Ms berta may look to see if she can find CUE, if VA Failed to consider your evidence or assist you getting your evidence.

 

Edited by Buck52

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Check this BVA case although this veteran was denied  his claim was remand ,but he had a lot of contentions/issues.

Remands can be a good thing.  just makes your claim longer. 

Remember ,Not all veterans claims are alike , but this is an interesting read  it may help you out? 

Or give you some insight and what regulations you may use.

https://www.va.gov/vetapp15/Files4/1528302.txt

Edited by Buck52

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The Reconsideration regulations changed a few years ago-

as I understand the M21-1MR link in this hadit thread-you would still have a chance to file a timely NOD- when you get a decision on the Recon request:

https://community.hadit.com/topic/61898-official-request-for-reconsideration-at-varo-level/

I had griped to VA for years about how unfair this used to be....because many vets would wait for an outcome of their Recon Request and then find their NOD year was up.

I hope others will read this older post over and chime in.

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This is the key part of the above link :

"c. Determining Whether to Include Appeal Rights in the Decision Notice

Include appeal rights in a decision notice issued in response to a request for reconsideration only if VA received or obtained new evidence in connection with the claim for reconsideration. Include the appeal rights and a VA Form 21-0958, Notice of Disagreement, regardless of whether or not the decision at issue changed.

 

Important: If the inclusion of appeals rights in the decision notice is appropriate, the claimant has one year from the date of that notice to file an NOD with the corresponding decision.

 

d. Letter to a Claimant Who Provides No Evidence, or Evidence VA has Already Considered, in Support of a Request for Reconsideration

If a claimant who, in support of a request for reconsideration of a previously denied claim, provides

 

  • no evidence, or
  • evidence VA has already considered,

 

send them a letter containing the language below.

 

 

 

We have received your request to reconsider your claim for <INSERT CONDITION(S)>.We previously made a decision on this claim and notified you of this decision in our decision notice dated <ENTER DATE OF DECSION NOTICE>. This decision notice included a VA Form 4107, Your Rights to Appeal Our Decision, which explained your appeal rights.

 

What Do You Do Now?

We will not take further action on your request unless you do one of the following:

 

  1. Submit or identify new evidence related to the previously denied/decided issue(s). We have enclosed a VA Form 21-4142, Authorization to Disclose Information, and VA Form 21-4142a, General Release for Medical Provider Information, for your use to identify any medical records that we do not have in our possession.
  2. File an appeal (notice of disagreement) of our prior decision. To do so, you must submit to us a notice of disagreement expressing your dissatisfaction or disagreement with our prior decision, specifying which issue(s) or what part(s) of the decision you disagree with. You must submit a VA Form 21-0958, Notice of Disagreement, if the VA Form 21-0958 was provided to you as part of the decision notice for the decision that you would like to appeal. If you do not agree with our decision, please reference the What You Should Do If You Disagree With Our Decision section of the decision notice referenced above, which will provide you with information on what is needed to submit a notice of disagreement.
  3. Identify a clear and unmistakable error in the prior VA decision. Clear and unmistakable errors are undebatable, so that reasonable minds could only conclude that the previous decision was flawed at the time it was made.

Where and When Do You Send the Information or Evidence?

Please mail or fax all correspondence to the appropriate address listed on the attached Where to Send Your Written Correspondence chart. Please put your full name and VA file number on the evidence."

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