Increase Upgrade rather then DRO or Re open

[KDM]

A claim for increased disability in a compensation claim that was previously denied because all service-connected (SC) disabilities were considered noncompensable is a “claim for increase.”

 

I received on Dec 30 2015 eed of 8/2015  I received a non  compensable rating of migraines the CNP and the DBQ  stated I was prostrate weekly so in 3/20/2016 I filed for an upgrade within the year I also submitted new evidence a DBQ by a VA doctor in my favor as well as pointed at the past evidence in the DBQ done during the CNP of the orig claim,    now I was told I Cant file for an upgrade unless a year has passed is that true even though I have new evidence? Also will the VA see that if I cant and change it to an UPgrade ?

[Gastone]

Your Award has to pass the 1 year mark, without a NOD filing, to become final.

I was in the same situation back in 07/14. Secondary 04/14 FDC Awarded @ 0%. At that time, I had just been Awarded IU at a 06/28/14 DRO Hearing, from a 2010 NOD. Sure didn't want to wait another 3 to 4 yrs for a DRO Decision.

Filed a New Secondary FDC 01/15, exactly the same as the 04/14 FDC. C & P took place 04/15 (real Negative VA Dr), 07/15 Decision letter, same Secondary SC @ 0%.

I was getting ready to get back on the NOD Train 12/15, just hadn't mailed it in yet.

Went on E-Ben 01/03/16 to get a copy of my IU Award for MI Property Tax Exemption. Low and behold, the VA Quality Control Phantom Rater, had taken me from 90% IU to 100% Scheduler with SMC S (1), in mid December.

I have no idea of how long the Quality Control Rater had my 07/15 Decision. Had I jumped back on the NOD Train right away, would that have stopped his review and subsequent Award, I don't know.

Semper Fi