Received Rating Decision

[jessie0054]

Received the Rating Decision on my son's Claims for Cancer and Polycythemia Vera.

As expected the Claim for Cancer was denied.

However the Claim for Polycythemia Vera due to Benzene Exposure is awarded!!!!

Sad part is the Rating at 0% . Resons said that the desease is in Remission and not active!!!

Guess they didn't countthe ER Report that he has just had a Phlebotomy in November 2006.

Not Sure where to go from here??

NOD , ask for a reconsidersation or Ask for an increase and send new evidence that's shows hes still active and receiving Phelbotomies as treatment??

Jessie

[Vike17]

tssnave & jessie0054,

You asked;

"What date is used as the effective date for a decision based on new and material information sent to the VA with a request for reconsideration?...Please clarify for me and others who may wind up in this situation trying to figure out whether or not to file a reconsideration of new and material evidence within a year or to just request an increase in rating"

Take a look at 38 CFR, Book B, §3.400(q)(1), it states;

"(q) New and material evidence (§3.156) other than service department records.

(1) Received within appeal period or prior to appellate decision. The effective date will be as though the former decision had not been rendered. See §§20.1103, 20.1104 and 20.1304((1) of this chapter"

So, let's say even if you sent "new" evidence to the VA within the one year appeals period and asked VA to "reconsider" their prior decision and they take five years to make a new decision, you don't have to send in a NOD on the same rating decision within one year. Since you submitted "new" evidence in a 'timely' fashion, the claim remains an open issue until the VA makes a new decision based on the "new" evidence. Once reconsidered by VA the effective date remains the date of the original claim. Just make sure in this case you send in your "new" evidence via "certified mail with return receipt" to show you subnmitted it within the one year appeals period.

Vike 17

[tssnave]

Vike17,

THANK YOU!!

Is there any difference between asking the VA to reconsider your rating vs asking them to evaluate your rating for an increase? I want to make sure I use the right words to keep my original claim date (3 years ago) effective.

Will something along these lines work?

I request that the VA reconsider my rating based on the new and material evidence provided (then I'll list the evidence). The decision to rate my sc disability 50% was rendered in March 2007 and I am submitting this new and material evidence in April 2007.

Do I need to tell them how incomplete the C&P exam was?

Any other suggestions?

Thanks again for the reference number. I copied it into Google and got right to it.

I appreciate the help.

ts

[tssnave]

Vike17,

THANK YOU!!

Is there any difference between asking the VA to reconsider your rating vs asking them to evaluate your rating for an increase? I want to make sure I use the right words to keep my original claim date (3 years ago) effective.

Will something along these lines work?

I request that the VA reconsider my rating based on the new and material evidence provided (then I'll list the evidence). The decision to rate my sc disability 50% was rendered in March 2007 and I am submitting this new and material evidence in April 2007.

Do I need to tell them how incomplete the C&P exam was?

Any other suggestions?

Thanks again for the reference number. I copied it into Google and got right to it.

I appreciate the help.

ts

[Objee]

Jesse,

My brother lives in Anderson, SC. He called Clemson and was told for you to contact the university to see. Info desk didn't have any explicit info. A bit

far away for your boy, but still within reach.

Ralph

Without medical insurance, competent treatment may still be possible if you can find a university's school of medicine or non-profit that is conducting studies

of ailments like your son has.

Haven't researched this myself, but you should be able to find pro bono help in

this fashion.

Ralph

Thanks Ralph:

Would you know if there is one say in Columbia SC or Charleston??

Jessie

[jessie0054]

Jesse,

My brother lives in Anderson, SC. He called Clemson and was told for you to contact the university to see. Info desk didn't have any explicit info. A bit

far away for your boy, but still within reach.

Ralph

Thanks Ralph:

I call and check into this!!

My son actually lives 2 hours drive from Columbia SC and 1 1/2 hours from Charleston.

Jessie