Question About Increase

[cvsp]

I sent in an IRIS request for clarification on this, but I figure I would ask the experts here as well.

Long story short. Filed in Sep 2006. Claim was denied due to "missing" SMRs pretty much. No appeal no NOD. Went to VS (no longer in picture) and she filed new claim in Aug 2008. Did C&P in Feb this year.

SMRs are now in my c-file. I spoke to IRIS regarding filing a claim for "New and Material Evidence" as my SMRs were now in my c-file and I should be able to open the previous claim in Sep 2006 (retro-pay being the objective). As best as IRIS could figure, I would not need to do this as (as far as they could see) there was a claim for "increase". Now the second claim was only for one issues and it appears the rater added three more issues.

So the question is, what claim did IRIS see the claim for "increase"? IRIS is suggesting that the older denied claim was re-opened for increase. I am thinking that the second claim with the issues that were added by the rater was increased.

Any thoughts?

[sharon]

I sent in an IRIS request for clarification on this, but I figure I would ask the experts here as well.

Long story short. Filed in Sep 2006. Claim was denied due to "missing" SMRs pretty much. No appeal no NOD. Went to VS (no longer in picture) and she filed new claim in Aug 2008. Did C&P in Feb this year.

SMRs are now in my c-file. I spoke to IRIS regarding filing a claim for "New and Material Evidence" as my SMRs were now in my c-file and I should be able to open the previous claim in Sep 2006 (retro-pay being the objective). As best as IRIS could figure, I would not need to do this as (as far as they could see) there was a claim for "increase". Now the second claim was only for one issues and it appears the rater added three more issues.

So the question is, what claim did IRIS see the claim for "increase"? IRIS is suggesting that the older denied claim was re-opened for increase. I am thinking that the second claim with the issues that were added by the rater was increased.

Any thoughts?

With VA you get one original claim. Once that claim is closed any other claim is a claim for incease in VA speek.

[cowgirl]

To answer your question, yes, if you ask the right question you should(?) get an answer somewhat connected to the issue you are discussing.

There are no guarantees, just search for IRIS on Hadit, you'll see the vague or unassociated responses.

Oh, and when I looked down into Sharons quote block I did see that she stated a 'truth', the VA does consider 'it' all one claim, per say.

However, here on Hadit we speak like each 'action' is a claim itself, not a part of. (I learned that when I first got on Hadit few years ago...I think).

So, maybe ask somethin like this "I want to know the status of my claim for increase for *depression?' submitted on such&such date. (*example). I look at IRIS as a inquiry for status only, rarely recieve detailed information beyond status of claim.

Tell us more about the August letter the vso submitted. What did it say?

Also, what 'second' claim did you put in for? an increase or new sc condition?

Hope this helped a bit,

Cg'up2009!

Edited March 17, 2009 by cowgirl

[cvsp]

OK thanks all. That makes sense, one claim and all the others increases.

It also makes clear that IRIS informing me that it was an increase, means nothing.

Tell us more about the August letter the vso submitted. What did it say?

Also, what 'second' claim did you put in for? an increase or new sc condition?

There was no letter, the VSO just put in a second claim for depression as the lone issue. The original claim, which I did myself and uneducated, was for PTSD and GWS. Again denied no appeal or NOD (Thanks to attorney David Hoffman screwing me over). My SMRs were not in my c-file at this time and noted on the denial.

Since the the rater has infered CFS, Mono and PTSD to whatever claim is active (IRIS cannot tell). I was assuming that when IRIS told me it was an increase it was my belief and IRIS' belief that it was for the first claim. IRIS informed me of this when I asked about filing a "New and Material Evidence" for the first claim. If I read the "best interest of the veteran" laws the VA should automatically do this as now my SMRs are newly submitted evidence. Not holding my breath for the VA to do the right thing.

I am stating to think that just going ahead and filling the new and material evidence against the first claim would ease my mind. In the advice that Meddac gave me and it seemed to concour with what IRIS told me, is that my claim might be at the rater or even the board at this moment. Thus filing a new evidence claim, might complicate matters. So I might just have to wait and see.

This is just me wanting to get back at the VA and get the earlier date. I was treated horribly by the VA during the first claim (documented elsewhere here), and although there is a finicial victory for me, it is me just trying to get a moral victory for my piece of mind. If that makes sense.

I was offered disability when I got out, despite numerous people trying to persude me to take it. Being all gun-ho and proud etc... I brushed it off thinking that when I need it the VA will be there for me. Little did I know.

[cvsp]

Well I just got off the phone with the VA. Seems that I just need to "let it be" at this time and hope for the earlier effective date. If not then file a NOD. I think this is the best idea.

I know see that a rater yet inferred another issue. Gulf War Syndrome. WTF? is all I can say. My first claim which was denied was for GWS stating that there was no such diagnosis. Now a rater within the VA is adding GWS to this claim?

Phone rep told me that some raters are starting to add it.