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

[carlie]

A couple of years ago I applied for SMC which was granted and there was no mention of a review of my 100%

Pete,

Were you able to get the VA Insurance when you got a new rating

for the SMC?

carlie

[Commander Bob]

This is in response to the issue of,

"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?"

Thank you carlie.... you have nailed my question, bulls eye!!!

Thank you, thank you, thank you...

Edited October 27, 2009 by Commander Bob

[Commander Bob]

This is in response to the issue of,

"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?"

M21-1MR

http://www.warms.vba.va.gov/M21_1MR.html

This is the kind of ammo I will need....

[Pete53]

Carlie:

I was told no for the add insurance for SMC cause SMC was part of my original 100%

[broncovet]

Pete992

I think the answer to your question is "YES". That is, I think a Veteran can apply for an increase at ANY time, Remand or NO Remand, and that would establish an effective date for that increase. In addition, you may have already applied for an increase, according to M21-1MR PartIII Subpar ii Ch2 Sec D, if you have told your VA doctor about your condition. The regulations say that the VA must "Liberally interpret reasonable probability of a valid claim" as shown below:

18. Claims Based on Reports of Examination or Hospitalization, Continued

d. Establishing a Claim

Per 38 CFR 3.400(o), the effective date of an increase in compensation can be the earliest date on which the evidence shows that an increase in disability has occurred, if a claim is received within one year of this date.

Follow the steps in the table below if the VA medical evidence shows treatment for

· an SC disability, or

· manifestations of the SC disability.

Step

Action

1

Accept the date of admission for treatment for an SC disability as the date of claim for increased evaluation.

2

Establish and maintain control of the claim.

e. Accepting Evidence

Follow the steps in the table below to accept evidence for a claim that

· specifies the benefit sought, and

· is received within one year of treatment.

Step

Action

1

Accept evidence of examination or hospitalization at a VA or uniformed services health care facility as an informal claim.

2

Liberally interpret reasonable probability of a valid claim.

3

If there is the probability of a valid claim, refer the claim for development.

4

Establish and maintain control of the claim.