Filing 2 Separate Appeals

[COOL BREEZE]

Is it possible two file 2 different types of appeals for the same issue? The DAV filed a claim stating "As the accredited representative for the above referenced claimant, we are submitting the attached material as a claim for benifits administered by the Dept of Veteran Affairs Please take action to consider the following: Entitlement to service connection for urological leakage, bilateral tinnitus: and nerve damage, bilateral feet. It is requested all appropriate development, to include conducting any necessary VA examinations be completed as soon as possibIe. Just got this letter from the regional office(DAV) in Phoenix(not sure why it took so long or why that stated as such) I told the VSO that the urological and nerve damage was not addressed and left out of claim, they were filed as requesting to be service connected over 1 year ago. And I had the ear comp exam where they noted I had tinnitus. Since they already sent this in as a new claim and not as a reconsideration as asked, I thought I would file my own reconsideration explaining the reason why, and that the DAV should have put this in as such. It really is starting to get my blood pressure boiling. I asked and got some wonderful advice here. Armed with that knowledge I went and got another VSO who should have filed the claim as a re-consideration not as all new claims. All of those issues were addressed during the comp exam, but not put in the final claim. It looks, and please help me with this, I should just do this own my own. I can't be having these claims done wrong - it will take years to complete. I have a stack of new claims that I will be submitting after these current issues have all be resolved and completed. So should I just file a reconsideration for these claims and let the new claim they put in stand, or tell them I just want a reconsideration only and I will be doing this my self. I am going to be nice and not say anything bad about the help I have been receiving, I will leave that to the members here to render judgement.

[Berta]

If you file Reconsideration request, send them more evidence to support the request and make sure you mark your calendar so that-if they dont act on this request during the appelate period- then you must file a formal NOD on time (within one year after the denial decision)

"All of those issues were addressed during the comp exam, but not put in the final claim."

???

If these were issues you formally claimed and they were part of a C & P exam-that resulted from the formal claim-then the VA should have made a decision on these issues.or at least listed them as NSC with a rating on the rating sheet.

I dont understand what you mean by the "final claim".

[COOL BREEZE]

If you file Reconsideration request, send them more evidence to support the request and make sure you mark your calendar so that-if they dont act on this request during the appelate period- then you must file a formal NOD on time (within one year after the denial decision)

"All of those issues were addressed during the comp exam, but not put in the final claim."

???

If these were issues you formally claimed and they were part of a C & P exam-that resulted from the formal claim-then the VA should have made a decision on these issues.or at least listed them as NSC with a rating on the rating sheet.

I dont understand what you mean by the "final claim".

Berta-this was my claim decision from September. The VA didn't address several items or make a decision on the rating sheet(not a nsc either). I have copies from previous letters from the VA that showed them as pending on the contention list, but for some reason they weren't addressed. Since the DVA sent in a NOD on these issues, and I disagree on why they went against what I told the VSO to do, can I sent my own reconsideration on these issues with the support statements proving they weren't addressed on the rating decision. Will this screw up all the paperwork, or can you have 2 types going on at the same time. If they decide this in the reconsideration, will they dismiss the NOD, or will I have to tell them to stop the NOD while I have the reconsideration go forward. I have everything ready to go, just waiting on your response before I start submitting-Thanks

[Berta]

"If they decide this in the reconsideration, will they dismiss the NOD, or will I have to tell them to stop the NOD while I have the reconsideration go forward. I have everything ready to go, just waiting on your response before I start submitting-Thanks "

I feel you should send in your reconsideration request.But I have no idea how they will consider it along with the NOD. I suggest you address it Attention to and then put the initials of the rater that appear in the VARO code in the upper right hand corner of the decision.

I have had the same problem as to a lack of diagnostic code and rating for the 1151 disabilities my husband had-specifically his AO IHD and I used this citation:

“(Paragraph 46.02 M21-1 1985,under a):

"Compensation ratings . All disabilities claimed will be given consideration as to service connection and be coded as a disability rating on VA form 21-6796."

You might even consider asking them to CUE themselves on the decision as they appear to have failed to satisfy any coding or rating. The M21-1 statement does not say only sc disabilities.

The rating sheet should include any SC and NSC disabilities claimed -with a rating.

[COOL BREEZE]

"If they decide this in the reconsideration, will they dismiss the NOD, or will I have to tell them to stop the NOD while I have the reconsideration go forward. I have everything ready to go, just waiting on your response before I start submitting-Thanks "

I feel you should send in your reconsideration request.But I have no idea how they will consider it along with the NOD. I suggest you address it Attention to and then put the initials of the rater that appear in the VARO code in the upper right hand corner of the decision.

I have had the same problem as to a lack of diagnostic code and rating for the 1151 disabilities my husband had-specifically his AO IHD and I used this citation:

"(Paragraph 46.02 M21-1 1985,under a):

"Compensation ratings . All disabilities claimed will be given consideration as to service connection and be coded as a disability rating on VA form 21-6796."

You might even consider asking them to CUE themselves on the decision as they appear to have failed to satisfy any coding or rating. The M21-1 statement does not say only sc disabilities.

The rating sheet should include any SC and NSC disabilities claimed -with a rating.

Thank you-now I know how to continue on this leg of my journey