Can Vet Have 2 C-Files?

[autumn]

hey folks, i have a pending claim for the secondary medical issues related to my service connected MS.

i have a large folder of supported medical documentaion from active duty to present for cervical trauma and its issues. i want/need to file for that to be SC'd along with increased degeneration issues with service connected lumbar trauma.

question: can i submit a claim request along with this folder and have it as a second c-file so it doesn't hang up the current MS claims issues? i just don't see this varo doing the right thing and the current claim could take as long as they want to drag it out.

[broncovet]

Autumn

Yes, I would request a copy of those files, voc rehab, other cities, etc., etc. While they may or may not be relevant,/probative there is also a possibilty that one of these could contain precisely the evidence you need to win benefits.

As an example I saved a VCAA letter I got from the VA in 2002. While I did not think it relevant at the time, I am taking that letter and shoving it up their heiny sideways in my appeal. Remember, the VA wont beleive ONE WORD you say, but they can not dispute ANYTHING they say...they regard it as a fact. (Even tho we know that the VA lies often enough they are a "quart low" on BS) So I shove their own words up their heiny. You see, the VA claims my 2002 claim was for hearing loss ONLY. However, the 2002 VCAA letter asks for "Evidence of a physical or Mental disability", and does not limit the evidence requested to hearing loss issues.

[broncovet]

Autumn...

I think I can also answer your question: Yes, applying for benefit "B" while you are appealing "Issue A" will likely delay your application for benefit "B". Most of the time they wont be able to develop benefit "B" because your C file will be at the BVA.

An exception to this, that I recall reading, is for dependents. In other words, if your wife had a baby, you can tell the BVA about the new dependent, and they may go ahead and compensate you the additional for your new dependent even tho your c file is at the BVA.

That being said, you dont want to delay filing for benefit B because your appeal is at the BVA. Your claim wont be processed any faster by delaying filing for "B", it will only "hurt" you on the effective date, since your effective date will never be any earlier than the date you apply. Dont "hurt" your effective date by waiting to file for benefit "B" until your claim gets out of the BVA. File now...even tho it will "sit" until your appeal gets done, you will get an earlier date for filing earlier.

[autumn]

Hi 'autumn'.

From what you have posted, and for your stated purposes, I would think (JMHO), no, the VA cannot create a separate c-file for your second disability claim. I would think the VARO would add it to your original C-file #.

You also post, "i should clarify, the current claim is not an appeal. we gladly accepted the service connection returned on first claim. now its to get the secondary issues with my ms applied to my disability rating. so VARO has claim folder and its up to them to make a decision on this. for now, there is no appeal/BVA involved that i know of.

You also say ..."there is very good medical evidence for my cervical to be SC'd along with medical complaints for it on active duty and years sense to present."

Why didn't the VA include your additional medical evidence in your original claim? jmo ...If you connect the second claim with the first one, I would think that your eed would go back to to you're original claim date. If the year deadline on your original claim has lapsed , and if your medical evidence is considered new evidence then the retro clock will begin when you file a new claim.

When did you receive your award letter for the first claim? Do you still NOD time (one year)?

yep, you got it right, ie., what i was trying to express

the first claim was for MS, that was approved 9/2010. now pva has requested secondary issues be listed, which is what we're waiting on now after the c&p's this year.

i didn't include the info for the cervical, etc at that time as someone said not to confuse the MS issue with RO. to wait on getting all the MS stuff out of the way.

i keep asking about this cus my brain keeps thinking of funds lost due to filing date & maybe treatment for the cervical stuff. it gives me much grief the cervical issues though VA says its my MS now that is cause that.

hope that helps.

[autumn]

Autumn

Yes, I would request a copy of those files, voc rehab, other cities, etc., etc. While they may or may not be relevant,/probative there is also a possibilty that one of these could contain precisely the evidence you need to win benefits.

As an example I saved a VCAA letter I got from the VA in 2002. While I did not think it relevant at the time, I am taking that letter and shoving it up their heiny sideways in my appeal. Remember, the VA wont beleive ONE WORD you say, but they can not dispute ANYTHING they say...they regard it as a fact. (Even tho we know that the VA lies often enough they are a "quart low" on BS) So I shove their own words up their heiny. You see, the VA claims my 2002 claim was for hearing loss ONLY. However, the 2002 VCAA letter asks for "Evidence of a physical or Mental disability", and does not limit the evidence requested to hearing loss issues.

very interesting. and i agree all that paperwork may just have the special link you need.

case in point, going through old VA med records, i see where i injured my neck again while in a VA pain management program while active duty. injured it enough to stop PT. not a huge medical deal but just one of many pieces that show an ongoing problem that i feel isn't MS related & MRIs prove it.

appreciate it. good luck with your case, hope you win

[autumn]

Autumn...

I think I can also answer your question: Yes, applying for benefit "B" while you are appealing "Issue A" will likely delay your application for benefit "B". Most of the time they wont be able to develop benefit "B" because your C file will be at the BVA.

An exception to this, that I recall reading, is for dependents. In other words, if your wife had a baby, you can tell the BVA about the new dependent, and they may go ahead and compensate you the additional for your new dependent even tho your c file is at the BVA.

That being said, you dont want to delay filing for benefit B because your appeal is at the BVA. Your claim wont be processed any faster by delaying filing for "B", it will only "hurt" you on the effective date, since your effective date will never be any earlier than the date you apply. Dont "hurt" your effective date by waiting to file for benefit "B" until your claim gets out of the BVA. File now...even tho it will "sit" until your appeal gets done, you will get an earlier date for filing earlier.

nothing is at BVA now, only at RO.

it is THAT, the effective date, that my brain keeps getting stumped on. so it takes them a year or so to get going on the cervical claim, at least the DATE would be in. i wouldn't think it would interfere that much with the MS secondary stuff RO is trying to decide how to distribute those disabilities.

[Commander Bob]

'Autum', I hope you had a chance to read this topic from brocovet.

broncovet, on 24 June 2011 - 05:39 PM, said:

"This is important, or critical, if you are seeking an Earlier Effective Date. Why? Because if you REOPEN the claim, the earliest date you can get is the date you reopened the claim. However, if there were missing service records on your decision, that means you can get a MUCH earlier date:

38 CFR 3.156 C:

© Service department records. (1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to: (i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met; (ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and (iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim. (2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source. (3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim. (4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim. "