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ATVer

Can You File Increase With An Appeal In Process?

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Is it possible to file an increase with an appeal in process?

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Is it possible to file an increase with an appeal in process?

file an increase for what ? the same claim you are appealing,or two different claims

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Is it possible to file an increase with an appeal in process?

My thoughts: if the appeal is for a claim denied (no service connection established), then filing for an increase is mute. No rating for a condition = nothing to increase. If the conditions are separately rated, not a problem. I was told by my VSO that because appeals take so long, it's not an issue to file the claim and have the decision before the appeal ever sees movement. My VSO also told me that once the appeal moves out of the VARO, other claims stop as your file goes with the appeal and the raters have no access to it. Others may chime in with references to the CFR, and again, this is only my opinion and what I've been told.

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"My VSO also told me that once the appeal moves out of the VARO, other claims stop as your file goes with the appeal and the raters have no access to it."

That doesn't make sense to me.

When my appeal went to the BVA (for direct SC death award) my CUE claim remained pending at the VARO in a temporary folder and is now under Nehmer for processing.

My BVA award even mentions I had other issues still pending at the VARO level but not under the BVA's jurisdiction (darn it)

I also had as I recall 2 claims awarded at the RO level when I also had an appeal at the BVA years ago on a distinctly separate issue.

Maybe I am reading this wrong.

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It would be for the same claim that's being appealed, I have new evidence in hand.

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You would want to send the new evidence to where the claim is in appeal. Is it at the BVA? I don't think you can send new evidence if it is at CAVA. Where is your claim at now?

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