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Should I Introduce New Evidence

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Brother Gate

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Hello to All

I am currently at 80% for anxiety, dm2, pn. I have been waiting for resolution on my claim for increase since I filed in 4/2010 for tdiu ptsd, dm2, pn, gerd. Subsequently, I have been experiencing serious hardship as I know a lot of vets are. My claim has been in decision phase for nearly 100 days. Today I recieved a letter from my mortgage company that they are proceeding with foreclosure of my home. My question is should I risk the chance of introducing to the VA new evidence in hope that they would expedite my claim? To my understanding, I was told that if I did, then my claim would revert back to the development phase. I am kind of indecisive about how to approach. Should I continue to wait and hope all will be judicated in my favor or risk the chance VA would consider new evidence as a reason to expidite. Not Sure!

I appreciate any advice and thanks in advance.

A true Soilder; Bro' Gate

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If you have new evidence you feel would affect your claim, by all means submit it at your earliest possible convenience. Delaying your claim is much better than expiditing your denial. Remember, a BVA appeal takes an average of 4.4 years, according to Veterans for Common Sense, and that seems to be getting longer all the time.

If you dont submit the evidence now, and your claim gets denied, can you wait 4.4 more years for an appeal to be processed? This is just my humble opinion.

Once, a friend of mine pointed out, "If you dont have time to do it right the first time, WHEN will you have time to do it over"?

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If your claim is in decision phase, any new evidence will almost certainly get your file pulled and sent back to development for further workup. IMHO, don't submit anything else at this time. As to the forclosure proceedings, I'm sure there are agencys you can get help from. Just not sure where to direct you. I' sure others will chime in with help. Good luck with your cliams and all other matters and GOD be with you and yours.

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If the "new evidence" is the forclosure notice and is purely to advance the claim based on hardship reasons I see no reason not to send it in.

Best regards,

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Appeciate the input. I still have this war going on inside of me. It kind of weighs on me really heavy. Besides the ptsd, dm2 and anxiety, I have been in treatment for the last 8 mos for depression. I could write a story but I try to keep my head up and not complain. I called VA and they suggested that I send in a copy of the letter. My problem is that I not so trusting after having dealt with the VA for years. What seeems to be working for your good can easily have the opposite effect. Maybe it is best I exercise a little patience and hope I get a resolve of my claims very soon. I read daily the success stories and find them to be very motivating and hopeful that one day I can testify.

Bro' Gate

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  • HadIt.com Elder

You did not need to add a PTSD claim. You were already at 80% for your SC conditions. Maybe you should have just claimed TDIU?

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  • HadIt.com Elder

Hello to All

I am currently at 80% for anxiety, dm2, pn. I have been waiting for resolution on my claim for increase since I filed in 4/2010 for tdiu ptsd, dm2, pn, gerd. Subsequently, I have been experiencing serious hardship as I know a lot of vets are. My claim has been in decision phase for nearly 100 days. Today I recieved a letter from my mortgage company that they are proceeding with foreclosure of my home. My question is should I risk the chance of introducing to the VA new evidence in hope that they would expedite my claim? To my understanding, I was told that if I did, then my claim would revert back to the development phase. I am kind of indecisive about how to approach. Should I continue to wait and hope all will be judicated in my favor or risk the chance VA would consider new evidence as a reason to expidite. Not Sure!

I appreciate any advice and thanks in advance.

A true Soilder; Bro' Gate

need more information....

Is your vet rep aware of your hardship???

Edited by Commander Bob
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