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....day At The Regional Office....seeking Those That Have Been Through Similar

PTSD DAV VFW Reconsideration Apeal

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3 replies to this topic

#1 MikeColt

 
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Posted 09 February 2012 - 05:48 PM

Hope everyone is getting through their week and staying warm. Had yet another rough night followed by an appointment down at the Denver Regional Office. Need some clarification if any of you have the time and would truly be appreciated.

1. Decision on my PTSD from the VA was dated in May of 2011 (Woman I speak with in regards to these issues and daily struggles recommended me around 50-60%) was awarded 10%

2. (please no acronyms, haha, very confused) I am under a year since the decision and very very much so disagree with the decision the system came to. The Woman that conducted my C&P Exam was rude and judgmental thus I no longer wanted to speak to her. In addition my misconceptions of how the whole thing works did not understand that during this exam it was my time to open up to the things that I struggle with. (odd thought on this one- PTSD= mistrust, so why does the VA think we will just open up our dark world to a stranger....beyond me)

3. The DAV has requested for a reconsideration in my behalf. (what is the difference between an appeal and reconsideration?) My service officer said based on my evidence I submitted in Nov of 2011 I should have a new rating in 30-60 days based on the regional offices average rate of addressing these issues. Am I mistaken or reading in to this in
any way?

4. Today I did submit documentation regarding my use of a service dog to help me cope with crowds and my both physical and emotional reaction to situations.

I wish you all well.

The dreams have recently become more vivid and daily activities seem to be harder for some reason. Had a huge break down over the weekend but trying to stay strong.

Semper Fidelis,

Mike and Colt

#2 Berta

 
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Posted 10 February 2012 - 07:04 AM

"The DAV has requested for a reconsideration in my behalf. (what is the difference between an appeal and reconsideration?) My service officer said based on my evidence I submitted in Nov of 2011 I should have a new rating in 30-60 days based on the regional offices average rate of addressing these issues. Am I mistaken or reading in to this in
any way?"

I am surprised at the time estimate (30 to 60 days)but assume this vet rep is familiar with this VA Regional Office.

A Reconsideration Request ,if not resolved to the claimant's satisfaction must ,within the NOD year time frame,also have a formal NOD (Notice of Disagreement(filed on the decision before the one year NOD time frame runs out (one year after the decision)

http://www.hadit.com...econsideration/

This topic of recons and NODs became an argument here a year ago at hadit-so some of the posts were deleted but my citations from the BVA in this link show what I mean.

Also I filed a reconsideration request myself some time ago.

Although I received plenty of documented rhetoric from the RO,during the NOD period, they ignored my issues and evidence, even trying to make up a regulation.

I filed my NOD within days of the NOD year's deadline.

In my recent award, that issue (an ancillary issue ) was resolved ( almost 8 years since filing the original claim)
-because I had filed a timely NOD.
Otherwise that issued would have not been resolved.It hinged at that point on my Nehmer claim.


I read a few cases at the BVA where the DAV had filed the reconsideration request, asking the VA, if the request did not resolve the claim favorable, to consider their request for reconsideration as a formal Notice of Disagreement.

In those cases (maybe I cited on of them in the above link) the veteran's issues were timely on appeal.

Otherwise the veteran would have lost their earliest effective date and would have had to re -open the original claim with new and material evidence.

#3 broncovet

 
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Posted 10 February 2012 - 07:47 AM

I agree with Berta. Reconsiderations are "gotchas" that wait a year to happen. Dont become a victim, and file your Notice of Disagreement within a year regardless of whether or not the DAV tells you the moon is made of blue cheese.

Remember this: Whenever the DAV (or other Veterans Service Organization) tells you something, the VA does not necessarily "back it up". Heck the VA does not even back up what they tell us, let alone a DAV rep. Also remember that your DAV rep had to have sufficient TIME to accept your case. Why did he have time? Was it because he did a fantastic job with other Vets and got all his work "done"? I dont think so. He was either a new DAV rep, with no experience to have a book of clients, or he did have experience and one or more of his clients got mad and left, possibly because the DAV rep gave bad service. The DAV does not fire reps who give bad service....there is always a "new" Veteran who is anxious to give away his Power of Attorney to a DAV rep. We cant check on line to see how that DAV rep did with his other clients. We just have to trust that he knows his stuff and will act in our best interest. Its like going to a car lot and trusting the salesman to find the car that will fit your needs and budget, knowing nothing about cars and car dealerships. Its an instant "conflict of interest" as the salesman's intersted in selling cars that net the highest commission, while the car buyer is looking for a great car and a great price.
Likewise, the DAV rep needs to sign up as many Vets as he can, that take as little of his time as possible. Claim research? The DAV rep often does not have time for that..he is busy recruiting new Vets to help. If the DAV rep is highly skilled, and has a great reputation among Vets, he will probably have to refer you to one of his comrades, because he is "booked up" and not accepting new Veteran clients. He will be forced to refer you to one of his less skilled or less experienced comrades who does have time to take your case.

#4 COOL BREEZE

 
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Posted 16 February 2012 - 01:46 PM

Unfortunately it will be at least a year before you get another status on your reconsideration claim. I just went through this on my own.
I no longer use any service officier as I am more than enough confident to do my own claims utilizing the knowledge from members that have patiently guided me through this long process. 30-60 days-That is highly unlikely. I can't even get them to pay my reto even though a claim was approved last year.
Anything from the simplest claim or issue takes forever with the VA. There is no time frame to get anything done. They will quote you a number, however that is meaningless. I would make sure if you can get additional medical documentation to supplement your claim, check to see if they missed any medical evidence.