Formally Addressing Disagreements

6. Reconsideration Requests

Introduction

This topic describes reconsideration request procedures, including

• formally addressing disagreements
• requesting reconsideration
• time limit for reconsideration requests
• misclassified errors
• formal reconsideration requests, and
• secondary reconsideration requests.

Change Date

July 15, 2024

3.B.6. a. Formally Addressing Disagreements

OAR QA anticipates that occasionally DROCs may receive a quality review error they disagree with, or believe the explanation offered is unclear or inadequate. OAR QA must formally address any disagreement over the correctness of an error citation.

3.B.6. b. Requesting Reconsideration

If a DROC believes an error call is erroneous, the clearing DROC may request a formal reconsideration by OAR QA. To request a formal reconsideration of an error, the clearing DROC must submit the request through QMS.

3.B.6. c. Time Limit for Reconsideration Requests

DROCs must submit reconsideration requests within 10 business days of the “created date.” The 10 business days begin the day after the “created date.”

OAR QA will not accept requests for reconsideration that are not received within the established time limit. If not submitted within 10 business days, OAR QA will reject the request and return it to the clearing DROC’s QMS Coach Team Queue for action.

Note: DROCs may request an exception to the 10-day period by contacting OAR QA at vbawasoarqualitytrn@va.gov.

3.B.6. d. Misclassified Errors

OAR QA will not remove BE errors on reconsideration merely because OAR QA misclassified the error on the OAR QA Checklist (e.g., B2 vs. C1) when a legitimate BE error exists. Removing known errors on cases included in the nationally mandated sample is contrary to sound quality control principles and provides stakeholders with inaccurate data.

Notes:

• In these cases, OAR QA will uphold the error, but reclassify it in QMS to reflect the correct classification.
• This process will not affect the DROC’s right to ask for an additional reconsideration using the secondary process detailed below.

3.B.6. e. Formal Reconsideration Requests

The formal reconsideration request must include pertinent

• supporting statutes
• regulations
• CAVC Opinions
• GC Opinions
• manual, or
• other appropriate citations.

DROCs must submit reconsideration requests via QMS. OAR QA will return the reconsideration decision in QMS. When a reconsideration results in a withdrawal or change in the error status, OAR QA will update QMS to reflect the decision. OAR QA will maintain and monitor results of reconsideration requests in QMS to ensure the effectiveness and integrity of the review process.

3.B.6. f. S econdary Reconsideration Requests

DROCs have the right to seek additional reconsideration from OAR QA on upheld BE errors.

DROC Managers or Assistant DROC Managers must submit secondary reconsideration requests

• directly to the following mailbox to the attention of the OAR Assistant Director: vbawasoarqualitytrn@va.gov, and
• within five business days of the DROC receiving notification of a completed electronic reconsideration request review.

Important: OAR reserves the right to alter this timeline at the end of the fiscal year reporting period to ensure timely final quality reports. OAR QA will withdraw the error if the OAR Assistant Director disagrees with the action taken by OAR QA. In such cases, the OAR QA Chief will return the case to OAR QA to amend the decision as directed and will provide feedback to ensure that OAR QA does not cite such errors in the future.