appeal vs. reopen

Discussion in 'VA Procedures' started by ukaspar, May 9, 2007.

  1. ukaspar

    ukaspar New Member

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    Greetings and thanks to all for their combined wisdom.

    I claimed and was granted 30% for PTSD; and claimed and was denied TBI.

    I think I should file a notice of disagreement and follow appeal procedures, however...

    a VSO and someone at the Pittsburgh VARO told me to request and increase on the PTSD, and request reopening of the TBI claim, which I did, along with additional medical evidence.

    Does this sound right?

    Now... I know it will take a long time to get a decision on these things, and by that time, the one year limit for appealing the decision will be close. Will I at that time have to file a notice of disagreement and wait for a response, which will certainly put me past the one year time limit to appeal? Or can I file the notice of disagreement and the appeal immediately, in order to make the one year deadline?

    Am I missing anything?

    Thanks for any help!
  2. Vike17

    Vike17 Member

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    "I think I should file a notice of disagreement and follow appeal procedures, however...a VSO and someone at the Pittsburgh VARO told me to request and increase on the PTSD, and request reopening of the TBI claim, which I did, along with additional medical evidence.

    Does this sound right?
    "

    Yes, this is correct, the only way you can ask for a "reconsideration" is to submit "new" evidence that was not before the decision maker at the time they made thier prior decsion. "Reconsiderations" generally go faster than appeals because they are sent back to the raters and are work according to the original effective date of the claim(s).

    As far as your other question, which is a very good one, I've been trying to get an answer to this myself lately. Check out the following link;

    http://p203.ezboard.com/fvetbenefitsfrm73.showMessage?topicID=500.topic

    "Cruiser" is a retired VA employee that worked for them for over 30 years as a rater and DRO.

    Vike 17

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