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Need Advice


david walker

Question

I filed a claim for migraines 7-8-05. Received a decision on 1-18-06 granting SC 0% immediately filed request to reconsider. Request to reconsider went to rating board on 4-13-06. Last month I filed another request to reconsider on my arms due to new evidence from the VAMC. I called today and was told my claim for headaches had been pulled from the rating board so they could start my claim on my arms. What should I do? Does my time to file a NOD run out 7/06 or 1/07. Can they pull my claim when its that close to a decision? It had been at the rating board almost 60 days.

Thanks

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Guest DON20906

You have until 1-17-07 to file an NOD, but it will sidetrack whatever is already pending. I'd hold off to let the dust settle before you start an appeal. But don't let the year expire!

You can add new evidence for reconsideration to the file any time before the decision goes final. Look at the rating schedule, 38CFR § 4.124a Schedule of ratings -- neurological conditions and convulsive disorders., for migraines below and get documentation that will support an evaluation higher than 0%.

60 days is nothing in VA time. They're not "pulling your chain;" it's matter of efficiencies. When the new issue hit, your c-file went back to pre-d for development. The rating board shouldn't have to look at a c-file unless all issues are "ready-to-rate" without a formal deferral of the new issues. RVSRs' time is the scarcest, the most expensive and most intensive in the process and since it adds workload to have a RVSR handle the file twice, it got kicked back to the lower level. From a management view, it makes perfect sense.

8100 Migraine:

With very frequent completely prostrating and prolonged attacks

productive of severe economic inadaptability 50

With characteristic prostrating attacks occurring on an average once

a month over last several months 30

With characteristic prostrating attacks averaging one in 2 months

over last several months 10

With less frequent attacks 0

I filed a claim for migraines 7-8-05. Received a decision on 1-18-06 granting SC 0% immediately filed request to reconsider. Request to reconsider went to rating board on 4-13-06. Last month I filed another request to reconsider on my arms due to new evidence from the VAMC. I called today and was told my claim for headaches had been pulled from the rating board so they could start my claim on my arms. What should I do? Does my time to file a NOD run out 7/06 or 1/07. Can they pull my claim when its that close to a decision? It had been at the rating board almost 60 days.

Thanks

Edited by DON20906
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