When you hear "reopened cases" does that mean the same as "reconsideration"? in VA Disability Claims (General) Forum

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When you hear "reopened cases" does that mean the same as "reconsideration"?

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namwife2	When you hear "reopened cases" does that mean the same as "reconsideration"?		Lead	[-]
Posts: 313 Aug 7 12 7:57 PM	Tags : None
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Rotor Head		#1	[url]	[-]
Posts: 8031 Aug 7 12 8:00 PM	Generally speaking, yes. Around here a reopened claim is referred to as a reconsideration.
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namwife2		#2	[url]	[-]
Posts: 313 Aug 7 12 8:10 PM	Thanks. I had a body to that post but lost it somehow. We received a call today from the Congressman's office saying they had spoken with the VA and that my husband's "reopened" claims were with a "specialist team" and was being worked on right now and would have a decision soon. Anyone familiar with "specialist team"? Thanks guys.
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Army1Orlando		#3	[url]	[-]
Posts: 123 Aug 7 12 9:22 PM	I've heard of the priority team, and those guys are really fast.
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Dale Rumans	Re opened	#4	[url]	[-]
Posts: 474 Aug 8 12 12:02 PM	A claim can be re opened if you submit new and material evidence about a claim that has been decided and closed. THIS CAN BE YEARS LATER, AS LONG AS YOUR EVIDENCE IS FOR A PERIOD PRIOR TO THE DECISION MADE ON THE ORIGINAL CLAIM. Now having said that there is also a situation in which you can ask for a reconsideration. This occurs after you have received your decision and the notice that accompanies it telling you that you can file an appeal / notice to reconsider. This will be looked at by a DRO, Decision Review Officer. he will ask if you accept his decision. If at that time you do not accept his decision then it goes to the Appeals Board for reconsideration. I hope this helps. Dale Rumans 100% Scheduler plus SMC K and SMC S This is just my humble opinion.
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Vike17		#5	[url]	[-]
Posts: 1967 Aug 8 12 12:34 PM	Dale Rumans wrote: A claim can be re opened if you submit new and material evidence about a claim that has been decided and closed. THIS CAN BE YEARS LATER, AS LONG AS YOUR EVIDENCE IS FOR A PERIOD PRIOR TO THE DECISION MADE ON THE ORIGINAL CLAIM. Now having said that there is also a situation in which you can ask for a reconsideration. This occurs after you have received your decision and the notice that accompanies it telling you that you can file an appeal / notice to reconsider. This will be looked at by a DRO, Decision Review Officer. he will ask if you accept his decision. If at that time you do not accept his decision then it goes to the Appeals Board for reconsideration. I hope this helps. Dale Rumans 100% Scheduler plus SMC K and SMC S This is just my humble opinion. This isn't entirely correct. One can re-open a previously denied claim. However to do so one MUST submit "New and Material" evidence if the claim has become final. This mean one must submit evidence that wasn't before the decision maker when they made the previous decision AND evidence that bears directly on why the previous claim was denied. If the claim is still within the one year appeals period one must only submit new evidence for the VA to re-open the claim. In both cases the claim then does back to the rating activity for action by the RVSR. Vike 17 A-Btry, 3/35 Field Artillery 72nd Field Artillery Brigade "Fire Mission"
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etihwr2		#6	[url]	[-]
Posts: 97 Aug 8 12 12:53 PM	This isn't entirely correct. One can re-open a previously denied claim. However to do so one MUST submit "New and Material" evidence if the claim has become final. This mean one must submit evidence that wasn't before the decision maker when they made the previous decision AND evidence that bears directly on why the previous claim was denied. If the claim is still within the one year appeals period one must only submit new evidence for the VA to re-open the claim. In both cases the claim then does back to the rating activity for action by the RVSR. Vike 17 I agree with this. As a matter of fact, I would do a NOTICE of DISAGREEMENT and Reconsideration at the same time. I would date the Reconsideration a day earlier. The fact is that Reconsideration is used at the BVA level and can be used at the DRO level but they don't have to use it. By doing a NOD with the DRO, the New and Material evidence will assist the DRO in making a decision. You can also have a telephonic hearing with the DRO if you can't or don't want to go to your states RO. Of course your appeal will go faster if you don't have a hearing. The fact is if your going to appeal, chose the DRO over the BVA. Should the DVA accept your reconsideration it will take about the same time as an appeal. If on the other hand (due to the huge claim backlog) you file for reconsideration and it is denied and it take more than one year, they you will hav to reopen your claim and you lose all your back pay. It is best to protect your date of claim by doing a NOD with the DRO for those issues you wish to appeal. When appealing, ALWAYS make sure you submit new evidence from your doctor that states the condition for which your appealing is worse or if your trying to show a link to military service, you have a NEXUS letter attached to show that link.
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cruiser		#7	[url]	[-]
Posts: 17420 Aug 8 12 1:13 PM	etihwr2 wrote: I would do a NOTICE of DISAGREEMENT and Reconsideration at the same time. I would date the Reconsideration a day earlier. The fact is that Reconsideration is used at the BVA level and can be used at the DRO level but they don't have to use it. This is not consistent with current VA regulations. This type of misconception is precisely why VA removed the word "reconsideration" from the VA Form 1-4107. Too many people thought that this meant that you could simply ask VA to reconsider the decision without submitting new evidence. It wasn't until 1997 when the DRO program was enacted (actually it was tested beginning in 1997 and enacted a couple of years later) that a "reconsideration" without new evidence could be done by the VARO, and this was, and is, a one time deal with the DRO de novo review. Beyond that one situation, both then and now the only "reconsideration" without new evidence that can be undertaken is by the Board of Veterans Appeals. Keep in mind that I was intimately involved with the development of the DRO program and these are the things that we were discussing with and at Central Office at the time. You cannot have a reopened claim (which is what a reconsideration is) pending concurrent with a Notice of Disagreement on the same issue. The NOD subsumes the other claim. Cruiser
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TopClip		#8	[url]	[-]
Posts: 35 Aug 8 12 2:48 PM	If the claim is found to be valid and rated with "new and material" evidence on a closed claim several years old. What then is the effective date for that claim?
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Vet2112		#9	[url]	[-]
Posts: 2259 Aug 8 12 9:31 PM	TopClip wrote: If the claim is found to be valid and rated with "new and material" evidence on a closed claim several years old. What then is the effective date for that claim? TopClip... that is an excellent, sticky question that should be deferred to the experts like Cruiser, Vike17, and Ivac to name but three... Ask it in a new thread so it will get more eyes on it.
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When you hear "reopened cases" does that mean the same as "reconsideration"?

When you hear "reopened cases" does that mean the same as "reconsideration"?

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