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justrluk

Concerns Re: Appeal And Existing Claims Pending

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Good afternoon to all:

I have a question for the group. In calling the 800# to see what issues I have in the works, I was told that the decision that is already decided (yet has not been sent to me) and another request for increase would be held until the appeal I filed in Feb '09 was adjudicated. Is this correct?? The rep said they did this because during the appeal process, they review other issues in my file, and take them into consideration when deciding the appeal decision, therefore making it counter-productive to issue a decision, then have to re-review for the pending appeal, even if it's for another condition. This really doesn't sound right to me....

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5 answers to this question

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It looks like you have 2 reconsiderations and an appeal waiting right?

Then you have a claim in for other conditions. With that many claims in and loose ends all over the place and no final decisions they in fact could be holding up to make one total decision.

I have an appeal in to the BVA since June of 09 I filed for PTSD in Feb. 09 I filed for Heart disease increase in Oct.09 Then I filed for a reopen claim for an EED for my heart award from 05 to be granted to 03.

I am seeing in my case where the BVA appeal has not moved. The PTSD was awarded in 60 days at 50%. The heart claim for increase is in rating status. The early effective date is just being worked.

The only bad delay tactic I see in mine is the fact the BVA appeal has not moved.

Sometimes it depends on which RO you are at. I do not use the 800# to communicate with the RO and get information where my claims are. I use Iris or I fax my question into my RO direct and ask them to email me.

Call the 800# and ask them for your RO's fax number and see if you get a clearer answer from them.

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Thanks, I will ask for my ROs fax number and see what I get. Right now, I have a request for increase pending, a new issue in the final stages, and an appeal on a previous decision for another issue. 3 separate conditions are in play. I don't know if I should retract the appeal as it won't make as much difference in my overall rating. The request for increase (should end up at 60% - the maximum) would bring my total to over 100% schedular. I'm still confused, but will do as you recommend and call in for my ROs fax and maybe even an email address.

Thanks again!

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Its ok to fax but you must follow up by mailing a hard copy. You have no clue or way to prove VA got a fax.

I would include on the front in bold letters faxed with date and Hard copy mailed

Just to let them know.

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hi called 800# was told appeal is finished but not see results and my vso won't talk to me sent an iris any other ideas

i have a ptsd diagnosis both from va psch QTC requested unit records to verify stressor

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VA 101 - Don't listen to 99 percent of what VA 800 tells you.

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