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VA can't process claim for secondary contention because an appeal is pending?
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bleggett29
Back in 2013 I finally was awarded 100% P&T for Panic Disorder w/ Agoraphobia. However, the effective date should have been 6 months earlier, so I sent a NOD. Recently I sent a claim for loss of use (ED) secondary to Panic Disorder/Agoraphobia due to medication. About a week later I receive a letter that the VA can't work on the claim due to the pending appeal.
I'm confused because in 2016 I sent a claim for OSA secondary to Panic Disorder/Agoraphobia. That claim was worked on, of course being denied(NOD not yet sent).
I've been combing through the VA manual and can't find where claims are not worked on because of a pending appeal. I did find where a FDC claim is excluded from FDC but should follow the normal route for claims instead.
Does anyone know where in the manual or CFR that address my situation?
Thanks
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