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Anyone Have This Happened?


luvHIM

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I have been searching the hadit.com archives to find an answer to my question but can't seem to find anything that relates specifically.

Question is: "Have anyone of you experienced having a claim on appeal for sc condition; but file a new claim on why the RO said your sc claim was denied rate increase? If so, did the RO start working the new claim and then "invite" you to address the claim on appeal, as well?

I have new claim being worked for the condition and IU that is based on VAMC current diagnosis. My claim on appeal was initiated back in 1983 for an increase but got denied based on the fact that my current diagnosis indicated that was the reason for my chronic low back pain.

So, I said okay, and filed a claim to service connect the nonservice condition. It is already supported by the medical, radiographic, labatory, VA physicians and outside rheumatologist. So, I'm not concerned about that.

What intrigued me is the fact that the claim that is on appeal is addressed in the VCAA and I have been invited to also show how that condition has worsened. I called the 1-800# and they are as stumped as I am because it still shows that my claim is pending a BVA hearing. Now, I know there have been cases in the BVA archives where a vets claim was somehow readjudicated before the BVA hearing and then you see the appeal closed. But, I thought that the VARO could not readjudicate on a matter they originally denied you on that led to the appeal in the first place. Am I wrong about that?

Thanks for your help and responses.

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I have been searching the hadit.com archives to find an answer to my question but can't seem to find anything that relates specifically.

Question is: "Have anyone of you experienced having a claim on appeal for sc condition; but file a new claim on why the RO said your sc claim was denied rate increase? If so, did the RO start working the new claim and then "invite" you to address the claim on appeal, as well?

:huh:

Seaman, the VA is extremely screwed up and is manned by alot of "fillers" or incompetents..

I have applied for an increase in one disability and applied for a new connection / condition. They lump evrything together and let a new "rater" have at it..

What you need is a close and personal visit to your local VARO, sit down and talk with the interviewer, ask lots of questions "why" and they will defer and defer till you get someone who actually knows the regs..

Arch (not golden)

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