Technical Question Regarding Submission Of The Journal

[Hoppy]

The veteran submitted a medical report in an effort to reopen the claim. Two months ago he got a decision that the evidence was not new and material and he is now in the appeal period for that denial. When submitting the journal this technically is not an appeal of the previous denial. Thus, my inclination is to file it without reference to the open appeal period on the previous denial. I normally work with an SO to deal with filing questions. However, this veteran was set on not getting an SO. The question is time. Would there be any speed in processing advantage in appealing the denial and incorporating the journal into that appeal. Or, might the VA recognize it as two separate filings no matter what I do.

I am thinking of submitting the journal right now to start the clock and tacking on (submitting) any deck logs when they become available.

[harleyman]

The minute you file an NOD rather than simply filing to reopen a case your time frame is greatly increased. NODs and regular appeals are so backlogged right now and the VA is using most of the DRO's to help with the regular claims backlog and have pulled them from appeals. An appeals is the low way to go in my opinion.

I am not sure what you are trying to do here. If it is reopen the case or appeal the case. If you send in the journal they will considered it new evidence for a claim, but they may not know how to enter it into the system if you do not designate what you are trying to do. Simply sending in evidence for an already closed /denied claim, I am afraid the evidence will just sit in the file or get lost. If yo want to reopen then designate the journal as N&M evidence in support of reopening the claim.

If you plan on appealing the previous decision, getting a Date of claim even in appeals is still a priority, as first claimed first served still holds true the majority of the time.

If I am totally misunderstanding you here, please tell me as I feel I am missing a major point you are trying to make. Sorry.

Edited August 11, 2013 by harleyman

[Hoppy]

harleyman,

As confused as I sound, you answered my question.

I am going to forget about the previous denail and NOD and just submit the journal and deck logs if and when available as new and material evidence. KISS

[harleyman]

I think that's what I would do. If they deny again or fail to open the claim based on New and Material then I would file an Appeal. If they deny I don't think I would even do an NOD, as the NOD will also slow down the appeal, and if they don't get it gratned based on the journal and deck logs then they are not going to get it and it will take a judge to deside.

Besides if the claim ends up denied after you submit the deck logs and journal,I would then skip then NOD and file an appeal. The appeal date only goes into effect when the Form 9 is filed. You might as well cut a year off the wait right off the bat and file the Form 9. There is always a possibility a DRO will look at before it gets to the BVA and make a new decision while your waiting for the BVA hearing, if this claim goes that far. I think you will get a s/c as a new and material claim with your new evidence. Good Luck to you and your Vet.