Filing A New Claim When You Already Have An Appeal...

[Domepeace]

I've had a claim in since 2004 that is under appeal now. But I would also like to start a new claim for a different service-connected disability. I would like to know how this will affect my appeal? Since (and I'm guessing here) the people in Washington D.C. have my medical records, will this delay my new claim that I want to file? I believe I should still file the new claim via VONAPP. But, I want to know when I file for the new claim, will my new claim have to wait to be seen until the VA in D.C. is finished with my appeal?

Thanks

Domepeace

[gp747]

i had same thing happen to me ,i had a claim on appeal and while it was

on appeal i filed new claim at varo. they i think let the starting date of the

new claim be at the time i filed it even though they would not consider it while

appeal was going on . said they were waiting on c-file after appeal was finished.

i may have gotten an earlier starting date because i went ahead and filed it .

i know when they called they said new claim was 2 years old this was after my appeal went through.

you might want more input on this as i am not an expert.

Edited January 3, 2009 by skunk

[purple]

I think the one claim at a time approach is best.....I just think having multiple claims going at once only serves to confuse the RO...and you don't want anything to hold up your appeal that is in process.

But that's just my opinion....I have a feeling I'm in the minority on this.

[john999]

When your claim goes to BVA your C-file goes with it. I don't know what the VA does with your C-file when you file a new claim at this point. I don't know how a new claim can go forward without your C-file being available. I know there is some procedure, but I don't know if it will slow down the new claim or the claim on appeal.

[gp747]

in my case they just held on to the claim until they got my c-file back and i am pretty sure that my starting date for my new claim was when i applied for it even though

they could not process it without my c-file which was at appeals management.

when they got my c-file they called for some reason and stated claim was two

years old and they were going ahead with it.

[Domepeace]

Thanks for all the replies! I do think I should put in the claim to get my date of origin established. Don't get me wrong, I do wish my appeal will get handled as quickly as possible, but I don't want to delay my date of origin for my new claim. I will have to be patient. But, that is my mantra at this point. The silver lining (provided I win my cases) is all the backpay I will receive when this is all finished.

Thanks again,

Domepeace

[broncovet]

I agree with Skunk. Your appeal could take years. And if you wait until its done, you will be loosing out on the potential of your "new" claim. Your appeal is in Washington, DC (if it is a BVA appeal) and a new claim at the Regional Office wont affect your Washington DC appeal, imho. I dont think they will do anything with your new claim until your file comes back from the BVA, however, it will preserve your effective date. So, I would go ahead and file it now.