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.

[Guest]

Unfortunately, there are times where the RO will deny a claim and force the claim to go to the BVA to be granted. Evidence will win yes but the RO should do what they are paid to do instead of letting the veteran suffer and go through hell just to get his or her benefits.

Edited June 26, 2011 by pete992

[carlie]

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.

IMO - No - you will not have a second c-file.

You might wind up with another volume - but no - not a second c-file.

The only instances I know of having a second c-file is if your c-file has been transferred to

the jurisdiction of a higher level such as BVA or COVA, as an appeal.

In this case your VAMC would have copies of some of your c-file, but it will pretty much

be bare bones as a temporary file.

Anything you submit now that is not relevant to your issue/s for MS - is going to throw the breaks

on whatever they are currently adjudicating.

I would sit back and let whatever you have in progress resolve prior to filing any additional claim issues.

JMHO

[cooter]

IMO - No - you will not have a second c-file.

You might wind up with another volume - but no - not a second c-file.

The only instances I know of having a second c-file is if your c-file has been transferred to

the jurisdiction of a higher level such as BVA or COVA, as an appeal.

In this case your VAMC would have copies of some of your c-file, but it will pretty much

be bare bones as a temporary file.

Anything you submit now that is not relevant to your issue/s for MS - is going to throw the breaks

on whatever they are currently adjudicating.

I would sit back and let whatever you have in progress resolve prior to filing any additional claim issues.

JMHO

carlie, would a informal claim interfere with the pending claim? you have one year to file a formal claim. That way you can establish your EED. What is your opinion on this?

[carlie]

carlie, would a informal claim interfere with the pending claim? you have one year to file a formal claim.

That way you can establish your EED. What is your opinion on this?

An informal claim is something just sitting in the background - until you submit it as

a formal claim or in some situations an EED can be sought due to an informal claim.

In regards to this post/thread, if I were the OP - I would not submit any additional

claims at this time - whether it's for secondary conditions or whatever.

Besides that - claims as secondary conditions are not even ripe for any consideration prior to

a primary SC that the secondary is a result of.

IMO - everyone puts way too much work into getting EED's - most members say file the claim now

to establish your effective date.

I on the other hand tend to march to a different drum.

I usually make a choice to file a claim for the issue along with medical evidence

and/or smr/str's if needed, and let that issue run thru the adjudication process.

I see the very first goal is to get whatever it is SC'd.

After that you can address effective dates and percentages.

JMHO

[cooter]

An informal claim is something just sitting in the background - until you submit it as

a formal claim or in some situations an EED can be sought due to an informal claim.

In regards to this post/thread, if I were the OP - I would not submit any additional

claims at this time - whether it's for secondary conditions or whatever.

Besides that - claims as secondary conditions are not even ripe for any consideration prior to

a primary SC that the secondary is a result of.

IMO - everyone puts way too much work into getting EED's - most members say file the claim now

to establish your effective date.

I on the other hand tend to march to a different drum.

I usually make a choice to file a claim for the issue along with medical evidence

and/or smr/str's if needed, and let that issue run thru the adjudication process.

I see the very first goal is to get whatever it is SC'd.

After that you can address effective dates and percentages.

JMHO

I definitely see your point when it comes to a Vet willing to wait till their claims are adjudicated, but take an example of a Vet, for unknown reasons, doesn't want to wait the entire process. Would it be to their advantage to file a informal claim knowing/guessing their pending claim will be finalized within the year of filing a formal claim just to establish their EED? Also, thats why I'm curious to know if an informal claim would interfere with a pending claim, cause if it does, that's more reason not to file. Any thoughts on this?

[carlie]

Also, thats why I'm curious to know if an informal claim would interfere with a pending claim,

cause if it does, that's more reason not to file. Any thoughts on this?

When a claimant has issues pending adjudication -

filing ANYTHING additional that is not some evidence

directly related to exactly what is already being worked on -

is going to throw the brakes on whatever is in process !

JMHO