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New Claim & Appealed Claim Question



I have a claim in appeals. A month after filing the appeal I filed a new claim for 2 addtional conditions. I got the VARO letter stating the claim folder would be taken away from appeals & the new claim would be processed first, then they would work on appeal.......

I got a letter yesterday referrencing questions for my original claim & schedualling me for additional exams for issues on my 1 claim that is in appeals.

So does this mean my 2nd claim is done? I called 800 & they said it is all 1 claim & would be decided together & they are waiting on the items in the letter

I know the 800 operators don't really know much & just want to get you off the phone, and this doesn't sound right?

Are new claims processed & finished before the appealed claims are addressed or are they lumped together?

Thanks for your input -

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Guest jstacy

You can probally call again on Monday and get an entirely different answer. It goes from hand to hand and each person may give you a different answer. You may want to direct inquire via E-mail. You will have something in writing. I think this is a stall and stress (The Vet) ploy. They will do anything to extend the time to delay a claim.

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For what it is worth, I have been told on my husbands claims that his appealed claims will be worked on and a decsion made after any new claims have been decided and completed. So far, this seems to be the way his claims have been going. I currently have a NOD to file on a decision on one of his new claims decisions, but in order to not further hold up his appealed claims, I am going to hold off as long as I can in order to get a decision on those appealed claims first.

This was only the way my husbands claims process has been progressing and what we have been told. I don't really know if this process happens in all cases.

Just another insight into your question.


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GulfWar Vet. Here are my opinions, we all have them:) When I was working on my claim for PTSD I had a claim in for Voc Rehab. They couldn't do anything with my claim, because the file was physically located about 75' away in another office. VARO and Voc Rehab in the same huge office in Roanoke. Since Voc Rehab was diddling with my file, I called and told them that I wanted to rescind my claim for Voc Rehab. They signed off on it, and sent my file back to the Rating Team. Once I got my Claim approved, I then applied for Voc Rehab again.

Now I have filed an appeal for TDIU and the highest possible rating available for my injuries. I have a new claim to file and need to increase some old ratings I have, but right now I have only appealed on the TDIU issue and the fact that they didn't consider me for TDIU when I hit 70% combined and that they didn't inform me of the possibility.

usually it comes down to the Veterans concerns. If you are in dire straits then usually the thing for some vets, like myself, is to go with whatever will get fixed the quickest. On the other hand, if your talking about going from 10 or 20% with an appeal, of up to 40-50% then it may behoove you to go ahead and file all the claims now (or since you have leave them there) so when they do decide them you will get an earlier effective date for them, if you pulled them to speed up the appeal, then you could possibly lose out on a year of two of increased compensation, backpay. So you need to look at how it's going to affect you and what you can live with. Either way, it's going to be a long process for both of them. It's just wether you can wait out the longer one, that may be more beneficial.

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Thanks to you all -

I have already filed the new claim 4 months ago & thought it SHOULD be faster - I filed it after I got my copy of my SMR & VAMR . So I know they already have all the records for the new claim - my appealed claim still has LOTS of missing SMRs - which is part of what the letter they just sent me addresses.....

My new claim was for 2 issues 1 being a 1151 claim -If all the records are there - are 1151 claims about the same time frame for processing as regular claims or do they take even longer?

And since I have a letter about infor for my appealed claim - should I be "hopeful" that my new claim is near done?


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  • HadIt.com Elder

I filed a 1151 Claim a year and a half ago and have not heard a thing. No answer to my inquiry.

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They wish they never would get 1151 claims.

They screwed around with mine for years-tried to stop me at every turn-SSOCs etc-

and some ridiculous 'medical' statements to cover their butts.

After I succeeded years later ( the 1151 claim took almost 4 years at the VARO)I saw my actual c file (didnt know I could have gotten it sooner) and I could see they took it all very seriously.

They do take them seriously but it takes them a lot of time to manipulate the evidence enough to deny the claim.-sometimes-

The first vet I ever helped with Sec 1151-

I typed it while he was here-1995 - he had just gotten out of the VAMC-he told me one statement the doctor made at the hosp and I knew it was malpractice. Iasked him if the doc documented that statement but he didnt know.

He did not understand what I typed out but he signed it and mailed it that afternoon.

In less then 4 months he got 100% under 1151.

(and called me up because he was stunned and didnt understand what it meant.The VA had treated him for hemmoroids for years and the dumb quacks never realised he had rectal cancer-not hemmoroids- and they shortened his life, although the other VAMC saved him with the successful surgery that removed the cancer and his whole bowel-he gets SMC too for the colostomy)

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