Reconsideration Requests for Benefits

Question

Hi Jim,

I have a question for you regarding a reconsideration I filed for my migraine claim. Here is the timeline. Feb 2017 Filed for Migraines.

June got denied. Aug 2017 filed a reconsideration based on new evidence (DBQ filled out by a neurologist) Claim granted in November with Aug 23 effective date. Based on my understanding a reconsideration based on new evidence should still have an effective date of the time of the original claim. Am I right or wrong? I'm trying to explain that to the VA and they are not fixing my effective date. Maybe I am misunderstanding something. Thanks in advance.

Jim's Reply

Reconsideration requests are complex and rarely satisfactory. If you're within the one year post-denial time to appeal, I've always recommended that veterans file the appeal form seeking DRO review.

That move keeps the original filing date intact.

I can't be sure just what happened but I suspect that since you filed an Intent to File (ITF - that's the reconsideration process) in August this was viewed as a new claim, thus the August effective date. Had you appealed (asking for DRO or Form 9 to BVA) with your new evidence, it's likely the appeal would have been awarded with retro to the earliest effective date.

More about reconsideration is here https://tinyurl.com/yb25h7pk 

 

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