Is It Too Late?

[Ryan H.]

I have a claim for increase for my right ankle, for Anxiety, and distal esophagitus. I believe that the VA has all the evidence for anxiety, and my ankle but i failed to give them any info on the esophagitus except my 6 mo. perscription for Nexium. The VA told me that my claim is at ratings and is awaiting a decision. I have an apointment with a private Dr in 2 weeks and I am sure that they will support my claim, but i think it is too late. I am wondering if i should just wait till the rating comes back and see what the results are, or should I go ahead and send in the report and hope that the rating is not complete. By that time it will be about a month that the claim has been at ratings.

I am thinking about just waiting and seeing if i get an increase. I am currently Service connected for Distal esophagitus but rated at 0%. If no increase then i would file a NOD and use the Dr report as the new evidence. Any opinions on this?????

[Ricky]

I have a claim for increase for my right ankle, for Anxiety, and distal esophagitus. I believe that the VA has all the evidence for anxiety, and my ankle but i failed to give them any info on the esophagitus except my 6 mo. perscription for Nexium. The VA told me that my claim is at ratings and is awaiting a decision. I have an apointment with a private Dr in 2 weeks and I am sure that they will support my claim, but i think it is too late. I am wondering if i should just wait till the rating comes back and see what the results are, or should I go ahead and send in the report and hope that the rating is not complete. By that time it will be about a month that the claim has been at ratings.

I am thinking about just waiting and seeing if i get an increase. I am currently Service connected for Distal esophagitus but rated at 0%. If no increase then i would file a NOD and use the Dr report as the new evidence. Any opinions on this?????

A claim waiting a decision is just that one that is waiting on a decision. It could be 1 month it could be 1 year before a decision. There is just no way telling and it is based upon the work load of your supporting RO. My opinion would be that if you obtained the evidence and had not received your decision then submit it now. Why place yourself in a situation where you could be waiting up to two years after the initial decision by having to file a NOD when you could have resolved the situation during the initial decision process? Just my opinion

[Googy]

When your claim gets "on deck" with the RO then it is probably too late and I would wait until you deny, because you probably will (sarcasm). Also, back up that info as much as possible, if you can, then get it in asap. Good luck.

Googy

[Berta]

My claims have been "in rating board" for much of the last 4 years.

I think you have plenty of time to submit new evidence-

Even if the submission 'holds up' your claim at this point- it is a heck of a lot better to have a claim held up for consideration of new evidence-then denied and then get held up -possibly for years.

Buffalo VARO color codes NODs by month- when they can see a year has passed, then they read the NOD.DOnt know how your RO works on NODS-

If your new evidence has been attached to and referred to in the NOD they might make a proper decision then-this might be a year down the road-

But I strongly suggest that hopefully you will get a positive medical report and that you can submit it right away.

I doubt if in a month- the RO raters will even get to your claim anyhow.

[Pete53]

At this point the new evidence may only defer that issue. I would submit it if I were you and also tell them that you are ready for them to rate your claim with the evidence that they have.

Good Luck

[iraqx2]

Depends, pay particular close attention to the 1 year limit to file the NOD for your zero rated esphogitus, or is it already on your current NOD that is awaiting a new decision??

[Ryan H.]

I do not have an NOD. I have a claim for increase due to symptoms worsening since discharge. My So has taken care of all the VA paper work and I have made damn sure that the VA recieved all the IMO's for my ankle. Unfortunatly I do not have an IMO for the anxiety. I have all the treatment records from the VA for that. I am sure that the esophagitus has worsened and I am sure the Dr i see will concure. I luckly do not have to prove a nexus to the problem so all I have to do is show that it has gotten to a point that deserves compensation. Now if the VA sees it that way is a different story. I actually can no complain on the service of the VA regional office here. I dropped in on them when I was in the area and they were very prompt and curtious to me. I usually call about every wednesday to see how my claim is coming along and they have yet to tell me that I am bothering them. They also have been very prompt with my C&P's as well as offering the PTSD program to me if i elect to go. Hopefuly they will be as fair when they rate my claim. I will totally understand if they cant give me an increase for the Esophagitus, it is my fault for not being progressive about making sure i covered all my claims, and to tell you the truth I did not expect the process to move this fast. It's only been a little 3 months so far. In the past 3 months I have had 2 C&P's, 3 psyc visits, and 1 social worker visit. I had 1 surgery on my right ankle and had to take 4 weeks off due to vairous medical problems. In dealing with my mental health and my mobility, i did neglect the lesser of my problems, ( esophagitus). Thats why i was wondering about if I should just wait. I definatly think that if a rating is not recieved by the apointment on the 9th. I will proabably hand deliver the report to the RO the following week. I feel that would be the best way to make sure that it got to the appropriate place. But who knows... really... the VA is so Hush hush about it all.

Thanks again for the input.

Ryan