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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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Went to the exam and to my surprise it was for ptsd and not increase for anxiety, tdiu. Previously had diagnosis for ptsd but records did not indicate verifiable stressor. Maybe since rules have change, may have introduce reason for VA to look back. I realize the VA only recognize one mental disorder and my anxiety is rated at 70% and 10% dm2 for a total of 80%. My primary issue for the VA was tdiu and secondary gerd for anxiety. Also tried to connect depression secondary. Hope this helps more.

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  • HadIt.com Elder

Went to the exam and to my surprise it was for ptsd and not increase for anxiety, tdiu. Previously had diagnosis for ptsd but records did not indicate verifiable stressor. Maybe since rules have change, may have introduce reason for VA to look back. I realize the VA only recognize one mental disorder and my anxiety is rated at 70% and 10% dm2 for a total of 80%. My primary issue for the VA was tdiu and secondary gerd for anxiety. Also tried to connect depression secondary. Hope this helps more.

I am with you on the waiting torment and the other problems that goes along with trying to deal with the bureaucracy. As you may know there is such a back log of claims. I had a simple claim issue that has morphed into a monster of a mess. I would stay on your vet rep's phone list regarding your hardship & pending home foreclosure. We don't want another homeless vet out there.

Also, I would call your mortgage lender, and tell them of the VA snafu.

Also I would contact the VA homeless vet rep at your VAMC and tell them of your situation. Tell them you are about to become homeless because of the backlog of Vet claims.

My most positive thoughts are with you...

Bob

Edited by Commander Bob
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I have not had much success with my DAV rep. Got 80% on my own and with the sound advice I received on this site. It has been a blessing. The mortgage company does not have the compassion even though I presented my case. I don't know how much good it will do me to frustrate myself with the DAV. Could be wrong. I will check on the VAMC Homeless rep to see whether they can help. I am in tears now just reading the replies, maybe it is the depression. If we don't have each other, we have nothing. Thanks and I appreciate you and your service.

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  • HadIt.com Elder

I have not had much success with my DAV rep. Got 80% on my own and with the sound advice I received on this site. It has been a blessing. The mortgage company does not have the compassion even though I presented my case. I don't know how much good it will do me to frustrate myself with the DAV. Could be wrong. I will check on the VAMC Homeless rep to see whether they can help. I am in tears now just reading the replies, maybe it is the depression. If we don't have each other, we have nothing. Thanks and I appreciate you and your service.

Hang in there Brother Gate. You are not alone.

Cmdr, Bob

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Since Hardships are supposed to have priority when it comes to adjudicating claims, and without knowing how long your claim would take in the decision stage to even be looked at, it would be common sense to think even if they did pull your file back to be reviewed as a Hardship, once its approved it's expedited back to the rater to be rated. Being in your case, the suffering and distress of losing your home due to foreclosure should defiantly be considered a Hardship. So, if you don't mind taking the chance of being denied and waiting another 4 or more years to get where your at now, then by all means let it run it's course without interruption. But, if you want to take the chance and submit it with knowing the odds if you didn't, which way would you go? MYSELF, I would be hand carrying that sucker to your SO or the RO first thing in the morning without blinking an eye. JMO

Coot

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