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Would anyone be willing to go to this topic:

and tell me what the M21-1MR change is regarding Reconsideration and NOD?

My interpretation might be wrong-I have VAOLA Paranoia when things the VA does seems to be better than their past M21 regulations.

 

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a.  Definition:  ""Request for Reconsideration"

For the purpose of this topic, 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).

 

A request for reconsideration differs from a claim to reopen in that the decision at issue in a claim to reopen has become final.

 

Reference:  For more information about claims to reopen a finally denied claim, see M21-1, Part III, Subpart ii, 2.E.

 

and

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."

This is the Change in VA policy-otherwise they would not have issued the change.

 

 

But I would like opinion on what it says.  told the former Sec that often a reconsideration request 5takes so long, the veteran is often left with no appeal rghts ( the timely NOD)

and I think this change reverses that past policy .

 

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Bump-

this regulation can affect anyone-

 

 

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