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tdiu To File Or Not To File, That Is The Question?
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Rockhound
I guess this has been a question, at one time or another, that is, does one file a new claim that will reopen another, but seperate claim, to reopen with new and material evidence, while you have another claim that is still being evaluated. (at the regional office appeals level and before a DRO hearing is convenend?)
I have a claim for conditions that are the result of a SC condition. this claim has already been denied and is now in the appeals process. It stands somewhere between a general appeal being re-evaluated and/or going on to a DRO hearing on this matter and before it proceeds to the BVA, if the claim is denied again. If I win this claim, I do not espect to recieve more than an additional 10% or 20% added to an already SC claim, that is at 10%.
This new claim has been an a claim I have been fighting off and on ever since my first original claim for it was refused. Also, this new claim could possibly find me sufficently disable to either be intitled to be found both SC with IU (individual unemployability) or hope beyond hope, 100% disabled, on its own merits.
While in line at a food bank for Veterans, that I get much needed help with my grocery needs, a representative from the Regional Veterans Office was their, answering any questions and offering any assistance, with in their relm of ability to do so. I explained that I had an ongoing claim in the process of being reviewed prior to a DRO hearing,, but that I had another claim that I wished to have reopened with new and material evidence, but that I was concerned that it would slow down or stop the claim I have in the works at this time. This rep seemed addiment that I proceed with the new claim, that since both claims are still at the regional level, that their would not be any problem that she could forsee that would slow or stall my claim in the works now. Basically the rep stated that if I wished to start the clock on the new claim, I should do it now and not be concerned with how it might or night not affect my claim already in the works. Its better to gamble on slowing or stalling any other claim, so that I can get my effective date started, so as to not loose out on any entitlement now, once and if this new claim wins out. If I wait, then I loxe anything I migh have been entitle to during the time I waited for the now and ongioing claim is eating up and if it should have to go on to the BVA, It could be more time/years before I get an answer back also.
It's better to have two in the bush, than to have one eating up everything, when both could eventually end up on your table.
I'm open to all input, suggestions, and/or opinions.
Rockhound Rider
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