NOD and new claim

[jetdoc3037]

I was recently awarded 40% for pay, knee, back, tinnitus, hearing. I feel as though my knee and back should be higher, thus the NOD. I have more evidence as well. I also have a few issues that I didn't file in the original claim, but now have secured the documents, so thats the reason for a new claim.

So my question is would it create an issue or drag both of them down to a crawl if I were to file the NOD and new claim at the same time?

Also, generally speaking, do NODs take as long as the original claim, or is there no rhyme or reason to the time frame involved?

[broncovet]

Excellent question.  A few years ago, I would not have advised you do this, as there was only "ONE" paper file, that could not be in appeals and the RO at the same time. 

However, many/most claims are electronic now, so yes, you should be able to process a claim and an appeal at the same time.  Interestingly, I have the same issue going on, and, if you can wait until I get my answer, I will share the answer I get to the same question.    I have been in communication with my RSVR and he is supposed to call me back/and or have my VSO call.  While I dont "really" have a VSO, the VA thinks I do so I decided not to wake up that sleeping dog. 

[jetdoc3037]

Hey bronco, thats interesting. Yes it will take me a while to get everything all organized and such anyways. I would love to hear what you have to say on the matter when you find out. I will PM you.

 

[Gastone]

I have always been a proponent of filing a "New" SC as soon as you have the DX. Did you file an "Intent to File" well before you obtained your recent supporting "Documents" regarding this New Claim? Establishing a "File Date" with an "Intent to File," is critical for maximum Retro.

As to your "New Claim" and how it affects the time line of your pending Appeal Hearing? Taking into consideration the history of appeals, your looking at anywhere from 1.5 - 4+ years depending on what type of Appeal route you choose, DRO Review, DRO Hearing or Traditional VARO BVA Hearing.

I started my claims journey 08/2008, awarded Tinnitus 10% and Hearing SC 0%. NOD'd 5 issues 09/10 requested DRO Hearing. New Reg Axx claims filed, 05/11, 05/12 claim awarded with IU Inferred and IU NOD filed 10/12. Requested FOIA C-File 01/13, received 8+ inchs 01/14. Requested "Informal Evidence Evidence Conference" 02/14, never got the conference. Filed (2) FDC's 03 & 04/14.

Notified of DRO Hearing scheduled for 06/29/14. Decided to do the "Informal" Hearing, DRO covered both my NODs, Awarded all major $ issues from 09/10 and IU from 2012. So What's that, 4+ yrs from original NOD but Award was worth the wait and the RETRO was Great.

Received back to back Denial and SC Award letters in 08/14 regarding the FDC's filed 03 & 04/14.

File your claim, preferably an FDC, yesterday.

[Gastone]

You can't ask for an increase until the award reaches the 1 year and becomes final, no NOD Filed. Prior to that Anniversary date, the only thing you can do is, "Request a VARO RECONSIDERATION, might work. Have your NOD locked and cocked and ready to file before the 1 year deadline.

Your original post indicated you "FELT" you should have received a higher rating. BFD, your feelings mean absolutely nothing, when it comes to ratings. It's all about what the "Evidence of Record," that evidence in your C-File and/or available to the Rater to review and consider. If you have N&M Evidence that, that you truly believe would change the original Rater's Decision, send it in now, accompanied by a "Sworn Affidavit" regarding this Evidence. You might Luck Out and get the N&M Evidence receipt, automatic review. How recent was your Award?

As for any New Claim that is not associated with your original claims low rating or denials, file an intent to file , NOW.

Semper Fi

[saxman]

jetdoc3037 and broncovet,  I filed a NOD July 2014, and a new claim Oct 2014 and they decided and awarded my new claim April 2015, and awarded part of my NOD and SOC Oct 2015.  So, my experience is yes you can do both at the same time.

[Joe1766]

On 12/2/2015 at 9:16 AM, saxman said:

jetdoc3037 and broncovet,  I filed a NOD July 2014, and a new claim Oct 2014 and they decided and awarded my new claim April 2015, and awarded part of my NOD and SOC Oct 2015.  So, my experience is yes you can do both at the same time.

saxman,

This post is a little old but I filed an NOD (5 July 2016) and I am about to file a new claim in about a week.  The VSO rep said that if I file a new claim while an NOD has been submitted I should not expect a decision any sooner than a year out.  The VSO was suggesting the NOD slows the evaluation of the new claim.  One other question the VSO said you cannot submit a "fully developed claim" with an NOD pending; that does not seem to make sense.  Thoughts?