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Filing A New Claim While On Appeal


Dolphin25

Question

I have two claims on appeal and need to file a new claim. Can anyone tell me if this would be a detriment to my current appeal?? I don't want to have to wait forever how long my appeal could take to file this....it's not really for me but for my wife, I want to file for AA for her. I heard but don't know if it is true that if I file they will stop my proceedings on my appeal and send my file back to the RO where I would file the new claim...any truth to that...seems logical. Thanks for any help here...

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By "on appeal" I am assuming you mean "at the BVA", but there are other ways to appeal: DRO, CAVC etc.

According to what I have read, when your file is "at the Board" and you file a new claim, the "new claim" will be given a new folder, and, when its back from the board, it will get worked on. They cant adjuticate your claim without documentation, that is, your cfile.

But..even tho it may not get "worked on"..filing right away will preserve your effective date and thus, you should go ahead and file even while it is "on appeal".

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I filed for new issues and unemployability while my case was at bva

The effective date was logged that day.

I was just awarded that request and my award went back two years to the date I applied when other issues were under appeal

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My thought on this is that I made the error of waiting to submit new claims while waiting on a claim that was on the denial roller coaster for the same thought...it seemed logical to wait to not mess with the claim already submitted. When I realized that it was becoming as a game (denial ride), I finally submitted my newer claims because the effective date would be getting longer and longer if the roller coaster continued. I was finally granted the original claim with its original effective date, but the newer claims which I am told have also been granted were not part of the original, so the dates will differ. Hind sight is 20/20 and I now realize that I should have submitted the other claims when I had all the evidence needed, which was close in time to my original claim. Thus, if I had it to do all over again, I would not hesitate to submit those claims as soon as I obtained the evidence...

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You can submit a new claim anytime you feel the need... In my case I had a claim go to the BVA and then the COVA. Regardless of what we may think you claim file doesn't always follow a claim to the top.. In my case only those items of evidence, and the regional office's denials when to the BVA and then the court. In the meantime other claims were being decided at the local level....

We all know that a doctor should review the c/p file as well before he makes his determination, however how many actually see the doctor look at a c/p file, or even see the file in the same room... In 25 years and many c/p exams I have only seen my c/p file in one doctors office, and that was when he carried it from the front desk to the exam room and back... he never looked at it once at least and this is the key, not in my presence.

I don't know if there is a requirement for the c/p file to go all the way to the BVA or court.. but in my opinion it doesn't make much sense to send files upon files ( my c/p file is 14 folders) that will never be looked at if the case consist of 20 pages...

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we have been told consistently, that if you have a claim pending, do not submit another claim. The only exception, if the veteran is less than 100% and has a life threatening disability that would be service connected. By submitting a new claim it will have an effect on your current ongoing issues. In most cases, your pending claim will be sent back to the development phase until the development is completed on your new claim, then it will all be forwarded as appropriate.

I have read the post above where the veteran says it didn't effect his claim. I believe that this was a claim that was completed and waiting on signatures for the claim to be finalized, which would make sense to me that the claim was not sent back.

I would speak with a VSO that has experience with claims at that level for additional advice.

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we have been told consistently, that if you have a claim pending, do not submit another claim. The only exception, if the veteran is less than 100% and has a life threatening disability that would be service connected. By submitting a new claim it will have an effect on your current ongoing issues. In most cases, your pending claim will be sent back to the development phase until the development is completed on your new claim, then it will all be forwarded as appropriate.

I have read the post above where the veteran says it didn't effect his claim. I believe that this was a claim that was completed and waiting on signatures for the claim to be finalized, which would make sense to me that the claim was not sent back.

I would speak with a VSO that has experience with claims at that level for additional advice.

First it doesn't make any sense to hold onto any claim since when the claim is awarded back pay is paid based on the date the claim was submitted. And no one wants to lose compensation.

As to submiting a claim if your less than 100%... I have even submitted claims when I was already rated TDIU and then later when I was rated 100%. At one time I too though that it didn't make sense to mess with a claim if you were already rated TDIU or 100%... unless the claim concerned a life threating condition. But those that told me this didn't know what they were talking about. First, most veterans don't receive Housebound or A&A until after they have been rated TDIU or 100% and have serious health problems. I wasn't even awarded adapted housing until years after I was rated TDIU, and I wasn't granted A&A until years after I was rated 100%.

Another arguement that is ongoing, is that the va will look over every issue that was every awarded when you submit a new claim... hogwash... unless there is a glaring reason why they should review every disability rating they va just doesn't have the manpower or time to re adjudicate each issue.

Also, as long as it takes to get a claim approved, ( I'm already into a claim that is over two years old) adding a new claim just isn't going to change the time frame much.

The bottom line.... A new claim is not going to effect a claim already in progress. Sometimes, a rater will hold back the decision on the 1st claim while deciding a 2nd claim. Other times they will just issued a decision on each claim. I think what ever makes the veteran comfortable is what really matters.

Anyway I base my opinion on personal experience with the VA and on dealing I had with the va as a Service Officer......

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