ptsd Nod Or Wait And Start A New Claim?

[Slowlane]

After you have been denied an increase in PTSD you have 3 options. 1. DRO hearing. 2. NOD. 3. Start a new claim.

For me, #1 DRO is too late (its been about 6 months). The choice between 2. NOD and 3. Start a new claim needs consideration.

If I file a NOD it make take 2 or 3 years to get a decision.

If I wait 6 months I can file a new claim and with all the emphasis that the RO's have on rapidly processing the claim I might get an earlier decision.

Am I overthinking this?

[harleyman]

I'd go w/what Harleyman says, which as I interpret it is to file for an increase, not a NOD, at about the one yr mark(just prior to the deadline), that way the VA will order a new C&P exam and you'll have that new evidence.

I believe that they'll probably make it retroactive as it's so close to the one yr date. If you file a NOD it will go to the appeals section, which is waaaay backed up. As always Harleyman is giving you great advice! It appears the VA is trying to clear the backlog by using computers to do the actual deciding and using RVSR's as data entry clerks. That can be good and bad. jmo

pr

This is exactly what I meant. I would file for an increase just before the "one year mark" of your rating decision. And yes, if you reopen the claim within the one year mark the VSR/RVSR will order a new exam because your old exams will be over one year old. The VA will order NEW exams for your PTSD and any other conditions you file to reopen within one year of the decision. Then, if after you get your new rating decision, you have another year to decide if you want to appeal. If you think you should have a higher disability evaluation after the second rating decision. At least that is what I would do, Appeals is too backed up and DRO reviews do not order new exams they evaluate the existing evidence for errors and provide a new rating or uphold the previous rating based on the current evidence of record.

Edited August 28, 2013 by harleyman