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BFR

Should I Submit New Evidence Before Nod Is Resolved?

Question

Greetings all!

First, I wish to thank everyone who participates in these forums, especially those who give so much time in moderating them. You are a blessing to all of us.

My question may have been asked before, but I'm not able to locate the threads, so forgive me if it's redundant. I'll put the actual question up front and supporting information after to save your time in case the answer would be the same regardless of the situation.

The Question:
Given what I think is my timeline (<10 years) should I submit the new evidence? I understand that i may delay the VA's next ruling. However, what bothers me is the effective date; if I submit new evidence *now* instead of waiting for a ruling in a year or two will the effective date of the new rating be today or be backdated to the original NOD (December 2012)?

Current situation:

Both reps I've worked with over the years have encouraged me to apply for C&T, but I've refused. I will work until I cannot do so any longer, but I feel the symptoms increase and there's something inside of me that tells me that I have less than 10 years left. Eventually I'll have to consider their advice, but as long as I can contribute I WILL. I will work until I cannot.

History:

I have a rating from VA that started at 10% and has increased to 80% over the years. As a 19D recon scout I was in combat in Desert Storm (and other places) and filed for the "presumptive" conditions of IBS, Chronic Fatigue Syndrome (CFS), and Fibromyalgia (FM) two years ago when Congress changed the law about them. Another presumptive is "skin conditions." I have a 0% for eczema from 1992, but since then have developed two types of skin cancer. I'm currently on a chemo routine to reduce them.

My current rep filed a NOD requesting the denovo process in December of 2012 because I believed my IMO was quite specific (my rep gave me very clear guidelines and examples of "va speak," and my doctor followed them exactly), and I believe that for at least for the CFS and maybe the FM CUE applies. You know the deal--the typical VA lowball for the opening round.

I have a wife and a 9-year-old daughter, and I earn a decent living. The wife has a part-time job but they depend on me as the primary breadwinner. We live modest lives, and are able to put away a small bit into savings each month. It could be more, but we tithe to our church and will continue to do so.

Edited by BFR

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When was the last date you filed a claim?

-- I'd say 5-6 years ago for the initial ruling for the "presumptive" conditions. The ruling was made in late 2012, NOD filed in December 2012, so I'm guessing it's not "final."

You can submit evidence at any time for an "open" claim or a claim that has not had a "final decision" on appeal. This will not change your effective date. If you missed the appeal date (one year from the initial RO decision) or the decision has become final on appeal, then submitting new evidence could re-open the claim. This evidence must be "new and material" and the "new" effective date will start when this evidence is submitted (should this evidence be accepted to re-open the claim).

-- One of the presumptives is "skin conditions'' and since then I have been diagnosed and treated for skin cancer, so that would be a new facet of the claim.

-- Also, I have new evidence about the severity of two of the other conditions (the VA lowballed me the first time around). Should I submit this now or wait for the new ruling? My rep tells me that VA is working on claims from 2010-2011 and mine is filed as 2013, so it will be a while no matter what.

DIC could help your family in the future.

-- I'll have to look up to find out what DIC is. Im sure its on this site.

Thanks to all who answered. It looks as if I should go ahead and submit the new evidence as soon as possible to establish the effective date in 2014 rather than 2015 or 2016 when I finally get an answer from my NOD.

Ben

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Sounds like you are waiting in line for a DRO review. Only judges or a court can make a ruling so I will surmise that you are talking about a denied/lowballed rating decision from a Regional Office. Sadly, it seems as though most DRO reviews are a rubber stamp of the previous decision. They make us wait sometimes for two years only to get the same flawed decision. I take it you didn't get a SOC and a form 9? There is little reason to ever wait to submit evidence that can win a claim. The sooner the new evidence is before the eyes of the decision maker the better in my books. They can fight you on an effective date once you win but that is another battle. You have to "win" first though before they can grapple with effective dates!

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heres your problem, and the way it works was explained to me today. Gulf war presumptive illnesses are for UNDIAGNOSED ILLNESSES.

SO. being you were diagnosed with skin cancer, that is not an undiagnosed ilness. SHAZAM, claim denied.. arent they slick.

Same with sleep disturbances/. I was diagnosed with sleep apnea. SHAZAM, CLAIM DENIED, ..

This is how they are screwing Desert storm vets/ the CP examiner told me today she only knows of one vet, who got comp for sleep disturbance, and it was because everyone and thier brother tried to diagnose a problem but they could not pin down a diagnosis.

So in a nutshell, the way it was explained to me, anything that they can fit a diagnosis on, will not be compensated under the presumtive list, and it has to be several conditions as well, such as sleep disturbance, IBS , ect. So what they do, is find a diagnosis for whatever you have. convienent hUH

Now as Paul Harvey used to say, for the rest of the story.

There are patterns developing that are pointing to a common list of ilnesses that desert storm vets tend to suffer from. It is likely that they will become real presumptive claims in the future. A nasty lawsuit will likely need to take place before they will capitulate

Just as it was with Vietnam veterans, MANY desert storm vets will have passed before justice is done, but the surviving family members of the veterans may be eligible for compensation, just as what is going on now for vietnam vets/ So knowing this, file claims if you believe they are the result of your service, they may not connect them now, but may in the near or far future.

Edited by 63SIERRA

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