acz3inbigd

Sorry bout that, hit wrong button. Can a DRO make a decision on a new claim that is not listed in the veteran's NOD nor has a decision been made by the RO?

Veteran files a NOD on RO decision on original claim. DRO is selected. Veteran then files a new claim for TDIU. Does DRO have jurisdiction to issue decision on new claim or

The compensation that the United States pledged to pay to veterans pursuant to 38 US Code § 1131 for personal injury or diseases that occurred during their active military service was not made to compensate the veteran for the disability, but rather was offered by a grateful Nation to compensate the disabled veteran for the impairment suffered to their earning capacity resulting from such injuries in civil occupations. With that said, your age or the length of time since the onset of the injury is not relevant and doesn't support a denial. If the disabling injury occurred during service then you would be entitled to finding of service connection, even if the injury is determined as non-compensable. If you honestly feel that tinnitus it is affecting your earnings capacity, then talk to a VA claim lawyer about filing a Supplemental Claim. Not to change the subject, but I use music to treat my tinnitus, here's a link to a song I would recommend.

Maybe that question was not clear. Let's see if this help... ======================================== The veteran files a claim for an injury to this [L] foot and injury to his [R] foot, claiming that medical treatment records while in service would affirm service connection. An C&P exam was scheduled by the RO. The C&P report contains the diagnosis of bilateral planter fasciitis.. (There is no notation in the C&P exam of any surgical treatment on either foot.) The C&P also lists plantar fibroma under the diagnosis with comment it is not service connected. * The C&P exam report does not that the veteran walks with a normal heel strike and toe push off. The RO decision finds injuries were service connected and assigns a rating of 10% for bilateral plantar fasciitis. ========================================= So my question is whether anyone see anything wrong with the rating 10% for bilateral plantar fasciitis? Since I am not trying to play a got you game, but I would like your "pick their brain". You can pick mine if you want but be forewarned to expect slim pickens. \,

Looking into what you said, I did find that 60 days after the date of the SOC that the claim can be closed. § 19.32 Closing of appeal for failure to respond to Statement of the Case. The agency of original jurisdiction may close the appeal without notice to an appellant or his or her representative for failure to respond to a Statement of the Case within the period allowed. However, if a Substantive Appeal is subsequently received within the 1-year appeal period (60-day appeal period for simultaneously contested claims), the appeal will be considered to be reactivated. However, I am pretty sure that the one year appeal period ends one year from the date of the Statement of the Case, I just didn't know that a document titled Rating Decision was the decoy document for the Statement of the Case.

So is that a common occurrence where they will tell someone their appeal is closed when they still have time to file?

If the VA decision letter states a veteran has one year to appeal, and before the year is expired the VA closes his appeal then what recourse would the veteran have. What You Should Do If You Disagree With Our Decision If you do not agree with our decision, please download and complete VA Form 21-0958, “Notice of Disagreement”. You can download the form at http://www.va.gov/vaforms or you can call us at 1-800-827-1000. You have one year from the date of this letter to appeal the decision. The enclosed VA Form 4107, “Your Rights to Appeal Our Decision,” explains your right to appeal. A veteran files a claim for an injury to his [L] foot, and his [R] for plantar fasciitis resulting from his service connected injuries, if he has no relief from non-surgical or surigical treatment on his [L] foot and and candidate for surgical relief on his [R] foot but refuses to elect surgical treatment, then what principle would the VA follow to rate his degree of disability? Last question, what rating would a veteran receive for bilateral plantar fasciitis without a diagnosis of plantar fasciitis? I would appreciate hearing what your answer might be. Thank you.