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Pending Nod Appeal


babagwa

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Hello all! I hope everyone is enjoying the summer. Can I submit a new claim (Asthma, secondary to my 0% SC allergy rhinitis) diagnosed by a civilian allergist Dr. Authorized/approved by the VA because VA does not have an allergist while I Have a pending NOD appeal? Thank you!

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Yes you can bud. I just submitted an FDC for Sinusitis and Asthma, but I did not even think to submit for the Allergy Rhinitis. Thanks for reminding me. I guess when my current claim is done, I will submit another for various secondary conditions.

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Good question.

Can you file a new claim while appealing an old one? Yes.

Should you? There are at least a couple of schools of thought.

Some would say "no." Your claim has a high likelihood of getting entangled and caught up with your appeal, so that they are decided at the same time which could be years. Meanwhile, there is an approach that says to take on the big things first, then add the little things later. I don't know the rating schedule for asthma or how severe your asthma is, but you should check out 38 CFR part 4 and see based on what the doctor is telling you along with your experience with your disability.

Some would say "yes." The sooner you establish an effective date, the more retro you'll get when the decision is eventually made. If your asthma is severe enough, and it could take your life, then I would think it would make sense to at least have the contention in the disability system somewhere so that if you do pass, your spouse will have an easier time with DIC, death benefits, etc.

I've got a couple of appeals in right now and suspect that I'll want to apply for an increase to SC conditions myself at some point, perhaps before the appeals finalize. Looking forward to what the more experienced have to say...

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My vote goes to file immediately, even when you have other claims pending. This establishes the earliest effective date of claim and also enables a surviving spouse/kids to carry on the claim in the event the veteran passes away while the claim is pending. They could not initiate a disability claim after a veteran's death, however, the spouse/kids could initiate a Section 1151 claim in the event of VA medical malpractice.

I think there's too much to lose, too many risks compared to parsing out your claims. JMO.

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I just read these post and it is what I was looking for because I too have claims pending NOD appeal, and have two other claims I want to file. Thanks all for the info.

saxman

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