Can You File Increase With An Appeal In Process?

[ATVer]

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

[carlie]

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

Are your claim/issues on appeal at the VARO level from a NOD and you are awaiting a DRO De Novo Review

or have requested a DRO Hearing ?

OR

Are your claim/issues on appeal at the BVA level from a I-9 Substantive Appeal has been filed

and your claim is awaiting transfer to BVA or has already been transfered to BVA's jurisdiction ?

If your claim/issues are currently under BVA's jurisdiction then submit the new evidence

directly to the BVA ALONG WITH a completed and signed Waiver Of Regional Office Consideration.

What exactly is the new evidence you have in hand and what issue does it relate to ?

[broncovet]

I think there is ONE major difference between an "increase" and a new claim. You see, A Veteran only has to file ONE FORMAL Claim. Everything else is an increase from that. The reason it is such a big deal is the effective date: Ok, let me use an example.

A visit with your doctor can be an informal claim for INCREASE, but it is not a Formal claim. The reason it can be an informal claim for INCREASE, is if you have already filed a formal claim, so there is a lot of stuff you dont have to do over again.

IMHO, you should file for an increase, send it certified mail return receipt requested. Dont count on the VA to process it anytime soon if your C file is somewhere in appeals, but they are supposed to make a temporary file, and then "merge" the temp and permanent when your claim gets back from appeals. By waiting to file, you hurt you effecitve date. JMHO.

[carlie]

A visit with your doctor can be an informal claim for INCREASE

IMO, the above will only hold water under some very specific circumstances.

If you have some links that the above would be accepted on a broad basis by the VBA please post them.

A sympathetic reading by VBA - would not apply to the above.

[ATVer]

The appeal is at the RO awaiting a de novo review. For an increase for my PTSD. I have a doctor IMO, and a sworn statement from a family member.

Edited April 1, 2011 by ATVer

[carlie]

The appeal is at the RO awaiting a de novo review. For an increase for my PTSD. I have a doctor IMO, and a sworn statement from a family member.

ATVer,

What is your current percentage for PTSD ?

Can you post exactly what the IMO states ?

Also, can you post what was stated in the Reasons and Bases Section of the Rating Decision

that granted the current level for PTSD ?