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Should I file a claim now or wait?

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saxman

Question

I need help deciding if I should file a claim now or wait until my current appeal go to the board.  I have a current appeal sitting in the RO waiting to get certified to the board.  I'm concern that If I file another claim while my other claims are waiting to go to the board that it may slow it down even more. My question is do anybody know if filing a new claim will affect my current appeal process?

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On ‎5‎/‎26‎/‎2016 at 9:12 AM, saxman said:

I need help deciding if I should file a claim now or wait until my current appeal go to the board.  I have a current appeal sitting in the RO waiting to get certified to the board.  I'm concern that If I file another claim while my other claims are waiting to go to the board that it may slow it down even more. My question is do anybody know if filing a new claim will affect my current appeal process?

I don't know what others would do but I would go om lime to ebenifts start my claim. That gives you one year to finish it and keep your effective date. The problem with waiting on the board is it can be 5 years or more. I have a claim finally going to a hearing on June 17th. This claim dates back to Aug 04. Been on the hamster wheel remand back to RO now back to board 

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When i was denied my claim for my hip I just said the heck with the NOD and the wait time it would take to get an appeal. I just reopened that claim with more evidence instead!! I figured it was a better option the the NOD highway.  If approved then I'll shoot for an EED back to the first time i filed and was denied.  Just seems easier that way than the other. JMHO!!!

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On ‎5‎/‎27‎/‎2016 at 10:51 AM, silverdollar22 said:

I just reopened that claim with more evidence instead!! I figured it was a better option the the NOD highway.  If approved then I'll shoot for an EED back to the first time i filed and was denied.  Just seems easier that way than the other.

Depending on this more evidence, VA can use it to grant your service connection but it can also be used as the correct effective date if this evidence was not in your records at the time of the original denial. 

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Thanks everybody, I think I will go ahead and push that go button!  The main reason is I want to establish the effective date soon as possible. 

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Sax, your NEW claim has no bearing or affect on the Issues being Appealed to the BVA.

I don't recall you mentioning that you actually started a New claim on your E-Ben site. You know, right, just starting the Claim on E-Ben, establishes your Retro Date?

Filing as an FDC, is the way to go. My experience has been very positive with filing FDCs, as soon as the New DX Condition is in my VMC Medical Record. Some would caution, that Filing New Claims would slow down your other older claims or appeals.

I filed (2) Secondary FDCs 02 & 04/14, 4 yr old DRO Hearing request was held 06/29/14. Both FDCs (1 Denial, 1 Awarded) were done by 07/14. 

Semper Fi

 

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