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Reconsideration Letter Question

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Re: Reconsideration Letter Question

Post by Dannypaj on Sat 02 May 2015, 08:05

SITUATION REPORT

1. After the OVO reviewed my file and a discussion the OVO made with Head Office, they concluded that a departmental review of my case is needed (Holistically).
2.   Head office will also review my PIA application, where as they did not have a clear picture of my situation. Head office were relying on information gathered in 2012 to do their assessment.
3.  The DVA advocate finished writing my appeal letter to VRAB including the submission of new evidence and an updated CT scan.  She indicated that there is no time frame as when my case would be looked at for reconsideration (reconsiderations are second to an appeal case which take presentence).

This was a good week for me.  My pleas for help are being heard; and maybe just maybe I can finally put this to rest knowing that VAC is actually listening.  The saga continues, as now I sit and wait on the outcome of the reconsideration and the departmental review.

What should I expect and does anyone know on how long it takes for a departmental review?

Thanks Dan
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Dannypaj
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Re: Reconsideration Letter Question

Post by Dannypaj on Sat 11 Apr 2015, 14:54

VRAB took away 4/5th and justified it by stating my medical condition was mostly contributed by the MVA. 
VRAB will now have to consider this new evidence and give me the benefit of the doubt, of what I have already stated in the decision process, which is that, the military contributed more then 1/5th to my back condition. 

This new evidence is just further proof.  Anyway thanks. I will call the office and get clarification of what else they would need to help my case.
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Re: Reconsideration Letter Question

Post by Guest on Sat 11 Apr 2015, 14:22

What about consequential from a previous awarded condition ?

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Re: Reconsideration Letter Question

Post by bigrex on Sat 11 Apr 2015, 13:59

The ct scan will not affect the 1/5th, but hopefully the letter will. You could be paralyzed, but if VRAB doesn't think that it is related to military service, they still wouldn't increase the 1/5.
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Re: Reconsideration Letter Question

Post by Dannypaj on Sat 11 Apr 2015, 13:40

The new CT scan showed spinal cord issues that wasn't submitted to VAC.  I guess it is important information they will need in determining if my 1/5 should be increased.  Not sure?
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Re: Reconsideration Letter Question

Post by Dannypaj on Sat 11 Apr 2015, 13:36

The new evidence I submitted wasn't a medical document, but a written statement of a an accident that occurred while I was conducting boarding party military training in 1998.  The accident involved me and a RHIB. The RHIB cox'n was doing high speed turns and I was thrown out.  He was reprimanded ( I was landed shortly afterwards).
 I wasn't able to submit this evidence prior to my appeal board (my fault not asking former supervisor for a statement).


I am awarded 1/5 for my back condition and this newly submitted evidence sheds light on another significant occurrence that happened prior to the MVA. 

The board concluded that most of my back condition was a result of an MVA 1999 (on my way to the base in military dress as per QR&O's). I injured my back prior to that in Basic Training (recorded, hence 1/5).

If anything, at least VRAB will have an other accident report in there documents.
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Re: Reconsideration Letter Question

Post by Teentitan on Sat 11 Apr 2015, 13:07

Yes definitely send it to your Advocate. If PEI wants a second opinion then they need to send you to a VAC doctor or a doctor of their chosing.
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Re: Reconsideration Letter Question

Post by Dannypaj on Sat 11 Apr 2015, 13:01

To be clear, I should fax the Diagnostic results to the advocate who is representing me. 

In one of the correspondents from the HFX office, it mentions that they are able to obtain additional medical information from my doctor if required.  Not sure if they did or not prior to forwarding it to the PEI office.
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Re: Reconsideration Letter Question

Post by bigrex on Sat 11 Apr 2015, 12:58

It also depends on what you are asking to be reconsidered. I was initially awarded 1/5 of 15% by VRAB, so I was appealing the 1/5, and submitted the reassessment to VAC, to determine the current percentage. My only real issue with the whole process is having to wait 16 weeks for a decision on the reassessment. I mean, they have already determined your eligibility, so it should only be a matter of looking at the medical questionnaire, and supporting medical evidence (ie x-rays , CT scans, etc), comparing it to the ToD, and making the decision. So at most, it should only take a few days, not months.
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Re: Reconsideration Letter Question

Post by Teentitan on Sat 11 Apr 2015, 12:12

Submit the new medical evidence. If VRAB wants an assessment of your new medical info then they will send you to a VAC doctor.

Appointments with VAC doctors are for the CM's and VRAB. Not to assess new/re-evaluation of injuries for the client to submit.
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Reconsideration Letter Question

Post by Dannypaj on Sat 11 Apr 2015, 12:07

VRAB will be receiving my file in the near future (five months time frame) for reconsideration.  I submitted new evidence in order to have my case looked at again.

The advocate reviewed my file and entered the new evidence and will forward it for reconsideration.   

I have the opportunity to review the information pertaining to my file prior to it being submitted. 

Question:

1.  I have an updated medical report with a current CT scan of my medical condition attributed to service and should this be added to the file for review?

2.  Or should I have a VAC reassessment of my condition.   Not sure what to do; and I do not want  to lose my opportunity to be fairly assessed by the VRAB folks.
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