CUE in very favorable decision, Mtn for Reconsideration, How much Delay???

[Otrgypsy]

I just received a very favorable decision (after almost 10 years) that service connected my brain damage, acquired psych disabilities, sleep apnea and insomnia, GI disabilities and neuropathies, all due to solvent exposure.  HOWEVER,  they didn't say ONE word about my chronic fatigue syndrome, which has always been an issue on appeal. I notified them the next day of thier omission. I believe it was a typical (for the VA) oversight. CFS was originally denied on basis which have now been found in my favor.

Today, I read the fine print re: Motions for Reconsideration. It seems I must file one more formally. I will probably get a 100% scheduled rating on the decision as it issued, if it is done by a competent rater. That is a big if. I will clearly get 100% when Individual unemployability is considered, but because of the way one political party keeps trying to shave off benefits for the benefit of tax dodging billionaires, I would really rather have 100% scheduled, which would be guaranteed with CFS being awarded.

MY BIG QUESTION IS: Will the Regional Office go ahead and do an initial rating and payment on the Decision that issued and see if they need to revise it later, OR will the Motion for Reconsideration further delay initial payments ???

Edited April 26, 2023 by Otrgypsy
typo, additional facts, typo

[pacmanx1]

On 4/26/2023 at 8:03 AM, broncovet said:

The "appeal period clock" does not stop during the reconsideration period.  In other words, while you are waiting for the reconsideration, the 120 day appeal period can, and often does, expire.  This means you mess around with an MFR, and then miss the appeal deadline.  Berry law would seem to agree with me:

https://ptsdlawyers.com/motion-for-reconsideration-in-va-disability-appeals/

Actually, if you read through the site/cite you posted, if the BVA accepts the veteran's (MFR) Motion for Reconsideration, the 120 days’ timeframe is put on hold or placed in limbo until the board makes a decision on if they would accept the veteran's MFR. This does not mean that just because the board accepts the MFR that the BVA would grant the veteran's reconsideration and or appeal. It just means that the BVA has accepted the MFR, and it has to be reviewed before the BVA makes a new decision.  

Quote

How does a Motion for Reconsideration Work?

A motion for reconsideration request can be filed after a Board decision has been made. There are time constraints on when these can be filed. Normally, you would have 120 days to file an appeal of a Board decision in order to get the CAVC to hear your case. If you file an MFR after a Board decision, the 120 days are “tolled,” meaning that until the Board determines whether it wants to grant the MFR or not, your 120-day time limit on filing an appeal with the CAVC is kind of “held in limbo” until the Board makes a decision. Once the Board makes a decision, you then have the 120-day clock start running. Please note: the 120-day clock starts running when the Board sends you notice of a decision, not necessarily when you actually receive your notification.