Can You Add A Claim To A Remand

[pacmanx1]

Just want to know if a veteran files a claim and it is denied, appealed and remanded, if the veteran is sent to new C & P exams and given new test and diagnosed with a condition that is related to the condition on remand can the vet request that that condition be added to the remand

Edited October 27, 2009 by pacmanx1

[jbasser]

It would be treated as a new claim and the RO would have to process it. The BVA who ordered the remand has no jurisdiction for the new claim since it has not been adjudicated by the RO.

J

[Commander Bob]

It would be treated as a new claim and the RO would have to process it. The BVA who ordered the remand has no jurisdiction for the new claim since it has not been adjudicated by the RO.

J

How about at the DRO review level? Can a vet revise or add additional retro dates or related claims to a DRO review in progress? Or during the DRO hearing?

Edited October 27, 2009 by Commander Bob

[Pete53]

The Rating Officer can ok additional evidence that late in the process and if you ask they usually do.

[pacmanx1]

It would be treated as a new claim and the RO would have to process it. The BVA who ordered the remand has no jurisdiction for the new claim since it has not been adjudicated by the RO.

J

What happens if the new diagnosed condition just clarifies the condition on remand and VA has already accepted that the condition is a symptom of a service connected disability already awarded.

Pete, How do you ask VA to consider this evidence as part of your remand without claiming a new claim?

Edited October 27, 2009 by pacmanx1

[Commander Bob]

The Rating Officer can ok additional evidence that late in the process and if you ask they usually do.

Thanks Pete 53,

Sorry to jump in with a different question....

And best wishes, pete 992, for a successful outcome on your claim.

Edited October 27, 2009 by Commander Bob

[pacmanx1]

Thanks Bob