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A Question Of Timing For Recon & New Claim

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jecsb4

Question

I am submitting a reconsideration for an increase due to additional evidence that was not in my SOC for pes planus. I know what the deadline is for this but I was woundering what to do about knee pain which often times is a secondary condition of pes planus.

Does it matter when I submitt this new claim for knee pain? Can I sumbitt it while I also turn in my reconsideration? Also if the knee pain is approved what would determine the effective date. In other words, I assume if the claim is approved would the date go back to the efective date of my pes planus or the new date would be the date of submitting the new claim?

Thanks

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jecsb4,

If you submit a new evidence and request a reconsideration on a claim within one of the denial of that claim, and your request for reconsideration is granted, your effective date will be as if the original decision wasn't made. In other words, your effective date will be the date of the original claim.

As far as the new claim for your knee(s) as secondary to your feet, you need to get an IMO and submit it with your claim to support your contentions. The best senario would be for you to submit the new claim along with your request for reconsideration. If the claim for the knees is granted, then the effective date would be the date of the claim, not the date of the "pes planus" claim.

Vike 17

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Thanks Vike 17

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