Does anyone have any experience when filing a Request for Reconsideration in the appeals process of a claim?

SPC Diana D. — Fri, 06 Apr 2018 16:06:16 -0400

I was just wondering if anyone had any knowledge on how this Request for Reconsideration works. Here is what the VA says about it: 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.

Response by COL Private RallyPoint Member made Apr 6 at 2018 4:23 PM

COL Private RallyPoint Member — Fri, 06 Apr 2018 16:23:42 -0400

I did not know that was a thing. I have one that I need to claim. I was given 50% then I ended up not getting out so when I did get out 18 months later they said I had to start all over again. So I took all the stuff they approved the year before and on thing went from 50% to 10%. I thought I would have to appeal but you are saying it’s a reconsideration? I’ll have to look into that. Is that right?

Response by SFC Andrew Miller made Apr 6 at 2018 4:44 PM

SFC Andrew Miller — Fri, 06 Apr 2018 16:44:43 -0400

If you don't submit new and relevant evidence with the Request for Reconsideration it probably won't do anything for you. The advantage you have with filing a reconsideration is the length of time it takes for adjudication.

You still have the option to appeal so long as it is within one year of the latest notification letter.

Once the new RAMP process is fully adopted, reconsiderations will not be an option and you will need to select one of 3 different tracks if you want to refute their decision.

Response by SPC Margaret Higgins made Apr 6 at 2018 4:57 PM

SPC Margaret Higgins — Fri, 06 Apr 2018 16:57:36 -0400

SPC Diana D.: If this helps at all, Diana, I was rated at 44%; after I was discharged. Now, however, I am rated at 100% service-connected. I did, though, Diana, get help to get the 100% disability rating.
DIANA, I DON'T KNOW, HOWEVER, WHY YOU ARE SUBMITTING A REQUEST FOR RECONSIDERATION.

Response by PO3 Phyllis Maynard made Apr 6 at 2018 5:22 PM

PO3 Phyllis Maynard — Fri, 06 Apr 2018 17:22:10 -0400

SPC Diana D. I understand your question and I am able to offer clarification. But, I won't because i think you should get the answer that specifically speaks to your file information. Call the DAV National Office at [login to see] and tell them you would like the number to YOUR local DAV Regional Office so you may talk with a National Service Officer (NSO), they are accredited individuals who actually adjudicate claims with the VA. I would get the phone number and address of your local regional office and go there in person for a face-to-face with an NSO. Take any documents you may have. Visit http://www.dav.org to learn more about the organization. Best to you.

DAV.org - Disabled American Veterans Charity

We invite everyone, veterans and civilian, men and women, young and old, to join us. Find a DAV Office or Volunteer to Help Veterans and the Disabled American Veterans Charity.

Response by Capt Daniel Goodman made Apr 6 at 2018 11:40 PM

Capt Daniel Goodman — Fri, 06 Apr 2018 23:40:45 -0400

https://vetadvocates.org

Call them, use their search engine, ours for me was under a vet group, I'm total perm disabled, we moved it to one of their guys with three yrs prior, who'd done such law for 30-40 urs, we were really, really lucky, I'll send more, I just wanted to start with this, OK? These guys are all really, really good...he vet groups are good, and all have law firms, however, trust me, let one of theirs handle it, just let them take their fraction of the settlement, whatever it was 20%, 30%, I forget now, you'll save yourself beaucoup aggravation, honest, trust me, been there, done that (BTDT), OK?

National Organization of Veterans' Advocates (NOVA)

The National Organization of Veterans' Advocates, Inc. (NOVA) is a not-for-profit educational membership organization incorporated in the District of Columbia in 1993.

Response by Capt Daniel Goodman made Apr 6 at 2018 11:43 PM

Capt Daniel Goodman — Fri, 06 Apr 2018 23:43:50 -0400

http://m.uscourts.cavc.gov/

You'll want this....

USCAVC Home

The United States Court of Appeals for Veterans Claims is a national court of record, established under Article I of the Constitution of the United States. The Court has exclusive jurisdiction to provide judicial review of final decisions by the Board of Veterans' Appeals, an entity within the Department of Veterans Affairs. The Court provides veterans an impartial judicial forum for review of administrative decisions by the Board of Veterans'...

Response by Capt Daniel Goodman made Apr 7 at 2018 12:10 AM

Capt Daniel Goodman — Sat, 07 Apr 2018 00:10:05 -0400

https://www.index.va.gov/search/va/bva_search.jsp?QT=%2210%2F01%2F12%22&SQ=vetapp12&RPP=10&LC=3117&ET=&UA=Search

And this, trust me, really, really useful, just like the last one...

The Board of Veterans' Appeals Decision search results

1 Use of the Google and Bing links above will cause your browser to leave the U.S. Department of Veterans Affairs site. VA does not endorse and is not responsible for the content of the Google or Bing sites.

Response by Capt Daniel Goodman made Apr 7 at 2018 12:31 AM

Capt Daniel Goodman — Sat, 07 Apr 2018 00:31:10 -0400

OK, I'm total perm disabled, as I'd explained...I'm not a VSO/NSO with a vet group, I can only explain how we did it, what we went through from the user end, OK? First, you need to do the Private Act (PA) releases for all three Congress offices, trust me, just do it, so you can draw on them, they won't be able to help you till you do, OK? Then, when one files initially, thst is supposed to lock the claim date...if youre denied, one files a notice of disagreement (NOD), then VA does a decision review ofcr (DRO) review, you can either go or not, or a claim rep or attorney can do it...when my DRO hearing was done, the attorney said to let him do it himself...we were denied again, then it goes to the BVA, there are sevl eaus to do it, the whole BVA by video, BVA by mail, or, preferably, as we did it, he BVA traveling team that goes to the VARO, the regional ofc, nearest you...it takes a LONG time to get in, it's a full admin law judge (ALJ) hearing, called a vet law judge (VLJ), it takes a LONG time to hear back, we waited a year to get in, a year to hear...we went with the attorney, he got help from two pro bono attorneys, one went with us, youmdo exactly as youre told, word for word, youmobeu the attorney like he's the Gospel, I kid thee not...you speak when you told, you stop when you told, you leave when youre told...we got an initial 50%, we then had to do another NOD, the attorney then resubmitted to elevate, we had to go back to a VA hospital for another clinical eval, we again waited, it was approved for total perm, when we got the disbursement, we sent the attorney his part...that was it...then, we had to do S-DVI the total perm life insurance for my wife, and CahAMPVA, not TRICARE, for !y wife, you then, if youre at 100% or the equiv, have to get all the records for your spouse back to the orig date of claim, then CHAMPVA in Denver takes about 3-6 mos to dpsend you all back money owed through them...honestly, truly, we needed 10000, thats ten thousand pages of docuemtnation on my wife, to get all the back !oneu owed, which proved to ne well worth it, the spCHAMPVA staff was quite helpful, honest.,.from start to finish, our claim for !e took six and half yrs, which is, as you'll find out, the norm...if it needs to go hopigher, it goes to the a court of Appeals of Veteran Claims (CAVC), which, I'd learned, before a case is heard, jas an alternative dispute resolut9on (ADR) mechanism to try to mediate, to save the court time, it:s considered a Federal district court, though solely for VA related claims, for vets, and/or survivors...after that, it's the Circuit a court of Appeals, either a panel, or en nacpnc , Latin for the whole court...above that is the Supreme Court, with the writ of certiorari...as I said, I can only tell you what I know as having been a claimant, I'm not an attorney, I never was, my wife and I were just around the block, as you might've guessed by now...trust me, call NOVA, let the! Handle it, you'll thamo !e later, honest...as of said, the vet groups are good, they can all handle appeals, however, they only generally do it through their DC offices quite often, so, honest, NOVA, and the BVA traveling team VLJs were in all candid truth the best and physically most convenient way, honest, if I can answer anything else, I'll try, remember, I'm not an attorneys yz and never was, I can only tell you what we went through, and what I read along the way, do not try to handle it yourself, so called pro se, this is professional, serious high grade stuff, proof that there's a very real reason, as you'll soon find, why God invented attorneys, I assure you, OK? I'm Jere ifmyou want to ask anything OK? I just needed to explain quite clearly the limitations of what I could tell you, so as to not have it misunderstood, I am obv not an expertz I've seem experts, I know experts when I see the!z and, trust me, only a fool doesn't know their own limitations, esp in such things as VA appeals, OK? Many thanks, hope that was of at least some use and/or value, OK? I know I !ight ne disagreed with, and I do know the vet groups are good, I can only tell you how we did it in my case, for me, OK? Thanks again, how was of help, honest, OK?

Response by Capt Daniel Goodman made Apr 7 at 2018 12:37 AM

Capt Daniel Goodman — Sat, 07 Apr 2018 00:37:32 -0400

One last thought, OK? When it comes to VA clai!s, honest, trust me, one doesn't consume useful oxygen without an attorney, that's just my personal viewpoint. Now, separately, after my main claim, we had to establish linkage for another diagnosis, for that we vpwent back to the vet group, however, that one was nonmonetary, just to protect !y wofez and, for that reason, we let that vet group handle it, we also got a VA clinical endorsement, which obviously helped immensely, so, we've seen both sides, honest...vet groups and their law firms affiliated can handle complex claims, we know that, however, trust me, try NOVA, I think you'll find you'll ne glad you did, honest, OK? Just pet them take their alloyed share, and do exactly as they tell you, OK? I'm Jere ifmyou want to chat further also, OK?

Response by LCDR Rabbah Rona Matlow made Apr 9 at 2018 1:41 PM

LCDR Rabbah Rona Matlow — Mon, 09 Apr 2018 13:41:38 -0400

I agree with SMSgt Minister Gerald A. "Doc" Thomas - your local DAV chapter can help you with this.