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Claim While Claim At Bva

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Robert Thomas

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A friend just told me that he recently submitted a new claim while he had a claim at the BVA. I told him I thought that it might hang up his BVA claim. He is already at 70% going for his TDIU. Any thoughts?

Do you know what the claim at the BVA is about?

It is not too unusual to have one at the BVA and then file a new one at the VARO-on different issues-

But if they are same thing- I am concerned-

The VA's prime goal is to save money-

Therefore they could -if on TDIU- award retro only to the recent claim's date, but then again this evidence he could use at the BVA if that is the same issue? ????

This is kind of an odd situation

can you tell us more?

Berta

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A friend just told me that he recently submitted a new claim while he had a claim at the BVA. I told him I thought that it might hang up his BVA claim. He is already at 70% going for his TDIU. Any thoughts?

-------------o----------------

Robert:

From experiences that I have heard about ...

If the NEW claim filing is for a DIFFERENT issue than the the one at the BVA ... then I would file it.

I am presently in the same position and I am filing on the new claims that are NOT at the BVA.

If I am making a mistake on this advice .. someone please jump in and correct me.

Magoo :unsure: ... aka ... Bill

PS .. When I type in .. CAPS .. I am not yelling ... I do this so my brain will pickup certain words and hopefully not make a mistake in my post.

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Bill-I feel the sameo sameo way-

New issue -VARO- and let the BVA take care of the old issue.(depending on what that old issue is)

Example: Incountry Vietnam Vet was diagnosed with DMII in 1998 by VA.

Vet filed claim in 1999 for SC of it

VA denied and it went to the BVA.

May 8, 2001- DMII to AO regs come out.

Sept 23, 2005 vet finds he has heart disease due to diabetes and files for this heart disease due to service. The doctor merely states it is vascular involvement due to high tryglycerides because of his diabetes.

He tries again on the new claim.

The BVA must remand for VARO to SC his diabetes as it appeared as an NSC condition in a rating decision prior to May 8, 2001. But it might sit be sitting there without a remand.

Meantime, the heart condition ,related to the DMII is recognised by an adjudicator as AO presumptive (they actually read his DD 214 or his past appeal)

The VARO could make an award on the secondary connection and cue themselves on the BVA appeal decision-

In any event -this veteran should receive retro back to the initial date of 1999 when he filed first claim under Nehmer Stipulations and Retroactive Awards.

Then again -I might be half baked here- any discussion?

Would the new VARO decision make the BVA appeal moot?

It should, if they consider all EED due the vet.

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If anything gets held up, it will be the claim at the RO.espcially if it is related to something in the claims file.The solution for that is to file a FOIA with the BVA. They are very nice about thjis and wil get it to you in 10 days or so. Then copy any re;evant records and give thm to the RO.

If the RO doesn't nee any information from the claims file, they will crete a temp file and work the claim up,

Alex

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My TDIU appeal recently went back to the BVA from a remand from the AMC to the RO. While it was at the RO I filed a CUE because I was not awarded 10% for arthritis found during left knee sugery while still siill in service. I was rated 10% for limitation of motion (5260). I also asked for 10% for removal of cartlage (5259) and was told by the RO 5260 covered 5259. Nothing about the 10% for arthritis.

I also had applied for arthritis of the right knee secondary to severe arthritis of the left knee. C&P x-ray showed arthritis in the right knee. When the examiner wrote his findings he wrote " Right knee PAIN is cause by left knee disability. The RO (playing their WORD games again) stated the VA dosen't compensate for pain. I reminded them the X-RAY showed arthritis, which they promptly ignored.

During my last ortho appointment my examiner actually said " right knee arthritis is caused by the left knee disibility due most of his weight being transfereed to the right side. He has been fitted with a loader brace and loftstrand crutches.

I sent the new evidence to the BVA. I have a question: Can the BVA rate this new evidence or will it have to be remanded to the RO? If it goed back to the RO again, I know I'll have another uear or more wait as with the last remand.

any idea's? comments? direction? Any and all will greatly appreciated.

WAYNE

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