How does 'reconsideration' work? Do they look at the previous

[msh789]

They turned dad down for Aid and Attendance and he has gotten worse, so we are going to I guess ask for a reconsideration. How does this work..? We had his VA doc fill out the same paper as before. Do they take his previous doctor papers into consideration, or not, being he has gotten worse since November...?  Also, will he have to go or another c&p exam..? The doc said he needs help with 5/6 ADLs, but also said he can feed himself. 5/6 is big, but also,  feeding himself is the very first question on the paper, so it is pretty big in itself.  

[doc25]

2 minutes ago, msh789 said:

They turned dad down for Aid and Attendance and he has gotten worse, so we are going to I guess ask for a reconsideration. How does this work..? We had his VA doc fill out the same paper as before. Do they take his previous doctor papers into consideration, or not, being he has gotten worse since November...?  Also, will he have to go or another c&p exam..? The doc said he needs help with 5/6 ADLs, but also said he can feed himself. 5/6 is big, but also,  feeding himself is the very first question on the paper, so it is pretty big in itself.  

File a Notice of Disagreement. This will preserve the earliest effective date. Your dad has 1 year from the denial to appeal.

They'll reopen a denied claim if you have "new and relevant" evidence that the VA did not have before. You'll want to do this under the Supplemental Claim Lane. You'll be afforded another C&P exam, if needed.

A nexus of opinion, is what you'll really need, because it sounds like a Disability Benefits Questionnaire was filled out once and you had another one filled out again. Although you will have  a "new" DBQ and it's "relevant" to the claim  it will only reopen the claim, but will get denied because it will more likely than not; will have the same information.

The nexus of opinion will add weight to your dad's A/A claim. 

If you do not have any "new and relevant" evidence you can appeal in the higher review lane. BEWARE: You can not use "new and relevant" evidence in this lane while it is in progress.

It's in your dad's best interest to remain in the Supplemental Claim Lane or Appeal to the Board of Veteran's Appeals Lane. 

Can you post the denial letter? This will give us a better picture of what the RO used for evidence.Redact or Darken out any personal identifying information, such as SSN/Names/Date of Birth

[broncovet]

"Reconsideration", according to at least two attorney's  is a bad idea.  However, you dont just have to put up with a bad decision; you can appeal it, or file CUE in some circumstances.  

https://taskandpurpose.com/va-ratings-reconsideration

or 

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

[kanewnut]

2 hours ago, msh789 said:

we are going to I guess ask for a reconsideration

I have saved this and thought it might  be of interest. I have only copied the parts necessary to look it up and the relevant part.

Citation Nr: 1715103    
Decision Date: 05/05/17    Archive Date: 05/11/17

DOCKET NO.  09-03 631    )    DATE
    )
    )

On appeal from the
Department of Veterans Affairs Regional Office in Milwaukee, Wisconsin

REMAND

In an August 2012 rating decision, the RO denied service connection for obstructive sleep apnea.  In an April 2013 statement, the Veteran requested "reconsideration" of the denial of service connection for sleep apnea as determined in the August 2012 rating decision.  The Board construes this statement as a timely notice of disagreement with the August 2012 rating decision.  Accordingly, the RO should issue a statement of the case as to that issue.  Manlicon v. West, 12 Vet. App. 238 (1999).

 

[Berta]

Dont forget- the Reconsideration regulations changed, based on a letter I wrote to former Sec Shulkin.

They are here under a search.

[broncovet]

This is great Berta.. I did not know recon regs have changed.  

     I still dont recommend reconsiderations, in no small part because, even tho we think all VA raters will be "up" on new regulations, this has not always been the case in the past.  

     I dont ever recommend putting a "grey bag" over your claim.  Something VA can point to and say, for example, "Well is a reconsideration a NOD after a year??"  

    Instead, you want your claim so a sixth grader could figure it out.  Ok, he has a nod, caluza element 1,2,3.  Ok easy award.  

   Take that again:  Ok, he has a reconsideration..okay was that made before or after the new regs?  Gee, I dont want to look that up.  Too much work.  I will just deny it and let the BVA figure it out.  

[Fat]

I agree taking other measures might be better.

The best lesson I learned, is not to add extra "dead time" to the claim.

Reconsiderations, multiple appeals at regional office, etc.

After the first denial, I would perfect the claim (evidence which disputes denial) and go directly to the BVA.

This is just my opinion, but if they failed to read or consider evidence the first time, then I wouldn't expect them the second go around to do better..

 

NEVER GIVE UP......