Friday, April 28, 2006

Try Reconsideration First ...

I have had reason recently, to review some appeals. It has come to my attention that there is some misunderstanding and need for clarification.
In reference to appeals:
If a veteran has new evidence that was not previously submitted/reviewed, the veteran should submit that evidence with a statement requesting reconsideration of the denied service connected disability.

DO NOT USE THE FOLLOWING WORDS:
Disagree, Disagreement, or Appeal

If the word "disagree" is used in ANY form, the VA is compelled/forced by law to start an appeal on behalf of the veteran. What needs to be remembered is that if a reconsideration is requested, the date of claim should be preserved and if that reconsideration is denied, the year in which an appeal can be filed begins again. You won't be out anything to submit new evidence and request a reconsideration except the length of time an appeal is going to take. Once an appeal is filed, it can not be UNFILED, so there is no going back but with a reconsideration, you still have room to manuever forward.



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