Want to lose money in your VA Claim? Feel like throwing away years of hard work? No worries - blindly trust your VSO and you'll end up like this Veteran.

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VA Reconsideration: A GREAT Way to Flush Money Down the
Toilet.
I saw this question on a Veterans' Facebook Group the other day:
What is the Request for VA Reconsideration?
Who the hell really knows?
There is no such thing as a Request for VA Reconsideration .
It doesn't exist. Not in any regulation. Not in any policy manual. Not in any law or statute.
Near as I can tell, the "Request for VA Reconsideration" is something that the VA and VSOs have concocted to
ensure that Veterans miss appeal deadlines.
If you get a VA Ratings Decision that you disagree with, file an appeal (See next section for how an appeal is filed).
VSOs often advise Veterans to file a "Request for VA Reconsideration" from an unfavorable Ratings Decision.
This is BAD advice. Follow it at your own peril
If a Veteran disagrees with the Ratings Decision he or she should file an appeal.
Here's how VSOs screw Veterans with non-existent requests for
"VA Reconsideration".
A Veteran, who was the victim of of Military Sexual Trauma (MST) had a claim for benefits denied in an unfavorable
Ratings Decision.
AMVETS - a Veterans Service Organization that represents a great number of Veterans - advised the veteran to

2. Filing a "VA Reconsideration" of a negative VA Ratings
Decision is like flushing money down the toilet.
request VA reconsideration “under the CRF 3.102 Reasonable Doubt.”
(I don't have any clue what that means - its gibberish, "jail-house lawyer" gobbledy-gook. The kind of thing someone
says when they want to SOUND informed, without actually BEING informed.)
The veteran said that the AMVETS representative advised an appeal
would "...take too long..." and VA reconsideration was "...the preferable
response to the negative rating decision."
So the Veteran went along with what the AMVETS representative
advised. Ultimately, no appeal was filed, and the rating decision
became final.
Not unsurprisingly, the VA did not "reconsider" their decision. They
aren't under any legal obligation to do so, so why would they?
The veteran is now at a significant procedural disadvantage and will
have to reopen the claim. Adding new and material evidence, in a
Military Sexual Trauma claim, will be very difficult. Oh - and the Veteran
lost several years of past-due benefits because the effective date for a
reopened claim is the date of the reopened claim - not the underlying
original claim.
All that work for nothing - years of work.
Tens of thousands of past-due benefits, flushed down the toilet.
Because some AMVETS VSO Representative did what made him look
good to the VA, without thinking of what was important for the Veteran.
This isn't the first time a VSO screwed a Veteran out of money. This
VSO advises Veterans of the wrong filing timeline. This VFW Representative actually TOLD the VA to disregard
favorable evidence.
You may really like your VSO Representative - and that's totally cool with me.
I apply the Ronald Reagan philosophy with VSO reps - after 2 VSOs told my grandmother (wrongly) that she was not
entitled to any VA Survivor benefits after her husband died as a result of injuries sustained at the Battle of the Bulge in
World War II.
Don't get me wrong - there are some GREAT ones out there. And there are a couple that my firm maintains tight
relationships with. But until your VSO can be proven to be one of the great ones, watch them like a hawk.
What is the PROPER Way to Appeal a VA Ratings Decision?
Within one (1) year of the date of the Notice of Action Letter delivering a VA Ratings Decision, file a Notice of
Disagreement.
A Notice of Disagreement consists of 2 things:
1) An indication that you disagree with the decision (indicating which parts you disagree with)
2) Expression of an Intent to Appeal.
The VA wants all the Notices of Disagreement filed on this new form . And I recommend that every Veteran include

3. When dealing with a VSO Representative, apply the Reagan
Principle: "Trust, but Verify."
some very basic information in their Notice of Disagreement.
Where does the DRO Conference Fit into All
This?
The DRO Conference - held by a VA Decision Review Officer - is
usually done AFTER the Veteran has filed their appeal (Notice of
Disagreement).
I am a big fan of the DRO process - with one exception, we have
had a really favorable experience working with DROs to resolve
claims and appeals.
Here are some factors you should consider when you request a
DRO Conference.
And read how one Veteran approached a DRO Conference
when the DRO told him that his issue was not actually on appeal.
How Do You Prevent a VSO from doing this to you?
I think there are a couple things you can do:
1) Know your own claim. Get your VA C-
File, study it, and know it better than your
VSO Representative.
2) Learn about the VA Claims process -
understand how the VA Claims Process
works in your VA Claim.
3) Learn the 8 Steps to Improving Your
VA Claim - even if someone else
represents you, following these 8 Steps
will help you verify that they know what
they are doing.
4) If you have any doubts about your VSO - ask around about them. They usually have a reputation of being "cozy
with the VA", or fierce advocates for the Veterans they work with.
5) Hire an attorney instead of a VSO. Why? If an attorney pulled any one of those stunts, above, you could sue them
for malpractice and file an ethics complaint with their State Bar.
Take the time, though, to find the attorney that is right for YOU and YOUR claim - learn the 8 Things Every Veteran
Should Know Before Hiring an Attorney in their VA Claim.
Chris Attig, an Accredited Veterans Benefits attorney and Founder of the Attig Law Firm, PLLC is responsible for the
content of the site. The principal office of Attig Law Firm, PLLC, is located in Dallas, Texas. Chris Attig is NOT

4. Certified by the Texas Board of Legal Specialization. - Please view our website disclaimer.
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