Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Compensation & Pension


EdB
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

Hey guys & gals, I have a question that I am sure you can help me with. I filed claims on Sleep Apnea and some back injuries I had in the service. Well they denied both of them and I filed a NOD and they denied that . I should have got an IMO on both, but I didn't. Now I am getting the IMO's but I am not sure if I should keep the appeal going to the BVA or just file a new claim again when I get the IMO's to proof my service connection. If I do file again, do I have to wait a full year?

Any help and guidance you can give me will be greatly appreciated.

Link to comment
Share on other sites

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

What was date of last denial?

Link to comment
Share on other sites

If you start a new claim you loose ground and would not be compensated to the original date of the claim. If you can come up with IMO proof of connection going to an appeal would keep your original claim date and then you would be safe. If you need time you can rest assured that you have some, I currently have two claims in a Decision Review Officer status ( almost an appeal) and it has been over nine months and I have not heard word one on the claims. They are just hanging. That is the biggest problem with an appeal. You will have gray hair before it is resolved. Now they are doing the Ischemic Heart claims and it seems to have just bogged the system down. If you are not starving (as most of us were at that stage) an appeal might be better. Just a matter of whether you want to wait or not. You have a year from your denial date. Good luck

Link to comment
Share on other sites

The claim for both of them was back in Feb, 2010. But I am thinking if I don't appeal, it would be quicker to file a new claim on them when I get my IMO letters. I know i would loose my start date of Feb 2010, but that might be better than waiitng 4 or 5 years on a BVA appeal.

Link to comment
Share on other sites

What I am thinking is when I get my IMO's for the back injury, I plan on filing a CUE for them not giving me a C&P in 1967 when I first filed the claim. They said they did not have my medical records, but they did as they were in my SMR's. After I gave them the hospital information, then they gave me a C&P, but of course they denied it. So my queston is if I don't ask for a BVA hearing and just wait to file a new claim, will that kill my CUE ?

Link to comment
Share on other sites

What I am thinking is when I get my IMO's for the back injury, I plan on filing a CUE for them not giving me a C&P in 1967 when I first filed the claim. They said they did not have my medical records, but they did as they were in my SMR's. After I gave them the hospital information, then they gave me a C&P, but of course they denied it. So my queston is if I don't ask for a BVA hearing and just wait to file a new claim, will that kill my CUE ?

Edb,

IMO the reason you posted above is not grounds for a CUE claim.

Link to comment
Share on other sites

I am sure they are wrong in denying me SC for my back, that is why I am getting the IMO. If they give me only 10% SC rating, should I not be able to file the CUE then?

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.

     

    You can read the forums without registering.

     

    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

     

    Leading to:

     

    Post straightforward questions and then post background information.

     

    Examples:
     
    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

    Note:

     

    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines

<——>