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New Claim on Ebennies - I am confused?

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Navy4life

Question

Okay so now I have a new claim started as of today and I didn't file it.  I am a bit confused because my FDC which was filed a few weeks ago has the contention listed on it that is now a separate and new claim????

My FDC already had my Left Ankle contention increase request on it so why am I now getting a separate claim open for it?  Has anyone else experienced this?

 

 

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  • Content Curator/HadIt.com Elder

It could be the DAV or the VA. Increases are a lot easier because a nexus is not required.

The DAV has POA and can act on your behalf. Check with them first.

Sometimes the VA may recognize evidence showing a potential increase and file a new claim.

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Vync;

I don't have a local DAV rep since I moved from VA to TX but the DAV in VA does have my POA.  It's weird b/c I have gotten several calls in the past week.  The first one was to let me know about the NOD and why they hadn't even looked at it.  Then I got the call today about the NOD and then I see this pop up.

What I don't understand is it is listed with my FDC.  Why would they start a whole new claim?  Do you think my FDC claim prompted this?  Especially since I had the surgery about 3 weeks ago?

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  • Content Curator/HadIt.com Elder

Were the calls from the VARO or the DAV (in TX or VA)?

If it was from the DAV, you must have a rep there who is on the ball. I hope that is the case for you. 

When I had DAV, I would get letters telling me about my claim status, but they tended to arrive a couple of weeks after I already responded to the VA. Looks like your DAV experience might be the opposite of my DAV experience.

I recommend you contact the DAV directly, unless you already have. Some like to have cases worked in your present territory, but if you have an someone where you used to live that rocks, it might be worth it to try and continue working with them remotely. Not everyone in every VSO is equally as vigilant or effective.

Your FDC may have prompted it. Someone apparently looked at your evidence and noticed an increase was in order. Remember, if you are already SC for a condition, you can go back 12 months and look for evidence of worsening. If it meets the criteria for an increase, it might be worth filing for an increase because you only need medical evidence to prove it.

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51 minutes ago, Vync said:

Were the calls from the VARO or the DAV (in TX or VA)?

If it was from the DAV, you must have a rep there who is on the ball. I hope that is the case for you. 

When I had DAV, I would get letters telling me about my claim status, but they tended to arrive a couple of weeks after I already responded to the VA. Looks like your DAV experience might be the opposite of my DAV experience.

I recommend you contact the DAV directly, unless you already have. Some like to have cases worked in your present territory, but if you have an someone where you used to live that rocks, it might be worth it to try and continue working with them remotely. Not everyone in every VSO is equally as vigilant or effective.

Your FDC may have prompted it. Someone apparently looked at your evidence and noticed an increase was in order. Remember, if you are already SC for a condition, you can go back 12 months and look for evidence of worsening. If it meets the criteria for an increase, it might be worth filing for an increase because you only need medical evidence to prove it.

Vync;

The call came from the WACO, TX appeals office.  The lady stated she was with the appeals department in WACO and that she was calling to let me know that the DRO would be in WACO since I live in TX.  I haven't had a DAV rep since I left VA.  I did sign a POA with a DAV rep at the VA Dallas DAV office.  Are you saying I should have a DAV rep with me?  I should not go alone?

I think what prompted this, is when I asked through an email for an update and I messaged through IRIS to have my appeal looked at regarding the status of it.

I received the attached as soon as I hung up with her.

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  • HadIt.com Elder

Navy4life I had a DRO Hearing in waco at the RO..Dav was my rep but I Appointed him at the last minute  recomended through the information desk  I was a newbie.

Now for some reason or another I went to the Dallas DAV & Appointed them again   for my PTSD Claim  and so for there'' useless as tits on a bore-hog'..he filed the 21-526  and that's all.

  I have not heard a word from him/them(DAV ) ..so I been working my claim by myself   with help from hadit members.

I understand its hard to fire the POA  but from what I learn on the hadit podcast show last Friday on the JBasser Hour   Attorney John Dorley /with Dr C Bash..''if a veteran has filed a NOD after being denied and the veteran hires an attorney  they file the 21-22a for them to become your vet rep...and when that happens the original rep (DAV) Is out and the new attorney takes over the POA

If I need to file a NOD and need an attorney  I am considering hiring John Dorley  or Chris Attig or John Hill & hadits own ''asknod'' if he has his certification and has the time.

 

............Buck

Edited by Buck52
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4 minutes ago, Buck52 said:

Navy4life I had a DRO Hearing in waco at the RO..Dav was my rep but I Appointed him at the last minute  recomended through the information desk  I was a newbie.

Now for some reason or another I went to the Dallas DAV & Appointed them again   for my PTSD Claim  and so for there'' useless as tits on a bore-hog'..he filed the 21-526  and that's all.

  I have not heard a word from him/them(DAV ) ..so I been working my claim by myself   with help from hadit members.

I understand its hard to fire the POA  but from what I learn on the hadit podcast show last Friday on the JBasser Hour   Attorney John Dorley /with Dr C Bash..''if a veteran has filed a NOD after being denied and the veteran hires an attorney  they file the 21-22a for them to become your vet rep...and when that happens the original rep (DAV) Is out and the new attorney takes over the POA

If I need to file a NOD and need an attorney  I am considering hiring John Dorley  or Chris Attig or John Hill

 

............Buck

Buck

i agree I am going to be my own advocate. The DAV I had was in DC and then I went to the DAV at the VA Dallas Hospital and they had me fill one out which I did but I too have never heard from them. 

Should I go and revoke it?

 

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