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Reopened Claim?

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Markn123

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A friend of mines who is already rated 70%(PTSD) had submitted a claim last year requesting a claim he filed back in 2007 be reopened for flat feet, ankle surgery and bilateral bunion pain. The claim was denied because VARO said " New and material evidence had not been submitted". During the last year, his PCP doctor had sent him to see an Orthopaedic specialist who said all these conditions were a result of an in service ankle injury that he had surgery on while enlisted. This is information that was not previously submitted with his first claim; so why is this not considered new and material evidence. Could he drop the reopen claims and used this evidence to open a new claim? Should he had filed these claims as secondary to his PTSD condition?

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"During the last year, his PCP doctor had sent him to see an Orthopaedic specialist who said all these conditions were a result of an in service ankle injury that he had surgery on while enlisted."

If his NOD appeal period is not over for the denied claim, then he can possibly submit this info now for that claim. Hard to tell here.Did he gets a SOC? Does he have time left to respond to the SOC?

If the Appellate time frame is gone, he can re-open the claim with this info.

Is he working?

If not has he applied for TDIU?

When did his last denial for the foot claim arrive?

Does he have a NOD filed yet?

"This is information that was not previously submitted with his first claim; so why is this not considered new and material evidence."

It would be now -as long as VA considers, it for a re-opened claim.

He should make copies of everything he sends and also make sure he gets a Proof of Mailing cert or Tracking slip from the Post Office.

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He received a decision from the VA last month that denied his claim for the ankle and related issues. he filed a NOD just last week and they responded back in only a week stating he did not send in the required new and material information needed to reopen the 3 year old claim. I will suggest that he request an DRO revies as the appeal and resend all the information as certified and return receipt, because they do not mention about the orthopaedic evidence. He is working and has previously filed a claim for TDIU over a year ago but was denied. If he files for an increase stating his PTSD has worsened because of a tour in Afghanistan in 2010, would this enough to reopened the denied TDIU claim. He works but he struggles to make it through every week.

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Unless his wages fall below the poverty level, they will not award TDIU.

Did they give him opportunity to respond to their last letter with the medical evidence he has?

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If he files for an increase stating his PTSD has worsened because of a tour in Afghanistan in 2010, would this enough to reopened the denied TDIU claim.

He works but he struggles to make it through every week.

His service connection of PTSD was granted due to things that happened during his tour in Afghanistan in 2010.

His time on active duty is no longer for consideration of anything to do with his SC'd PTSD.

His claim for increase will only consider how his PTSD currently effects his daily occupational and social functioning.

I do not see a claim for IU getting granted when a vet is currently employed, as this certainly would not be warranted.

JMHO

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