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New Respiratory Claim While Another Sits In Appeals.



I have a claim on appeal that was denied for service connection. It was originally approved and paid as an agent orange presumptive larnyx cancer. Then, denied and disconnected service connection as the VA determined it was base-of-tounge. I went DRO appeal....met with DRO....still denied with no statement of case or no explanation. So, I have been sitting on the appeal bench for a year with absolutly no word from the St Pete VARO.

Now...I have a new cancer that has shown up in my lung......which is agent orange presumptive and also primary.

MY Question is, is the VA going to cancel my claim by saying "SORRY, ONLY ONE RESPRIRATORY CLAIM AT A TIME". Or will they process this as a normal FDC??


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I don't know the Regs for sure, what I do know is that the VA is always looking for a way to deny us, or claim that we are trying to Pyramid the conditions. Good luck and keep us posted

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You should have received a SSOC from the DRO review. I've tried to wrap logic around what is labeled as the "FDC" but to no avail. I think they only exist in the minds of the VSOs. The ROs can take about 18 months to certify an appeal (mine did). You are claiming an additional condition as a contention that needs to be ajudicated by the RO. There is only one claim. If they deny the lung cancer contention, the NOD for that goes in and you will get a SOC (if still denied) and you can elect the DRO review or send in the F9 to go to the BVA listing the lung cancer denial. Then the claim will be certifed with all contentions going to the BVA at the same time. There are ways to get your claim expedited at the RO as well as the BVA. Chronic illness, advanced age, or financial difficulties. I think the loudest voice is chronic severe illness though.

"Delay, Deny till they Die" is no joke....it's for real. The VA vultures will start to circle if they think you are sick enough. Reads like you have alot going on there and the claim is getting complicated. If you haven't yet, I would suggest getting some legal advice from a VA law attorney. I think you may need some help and sooner than later. Just trying to help there. I am too ill now to handle the stress of wheelin' and dealin' with the VA myself. I certainly hope things go your way soon. You have been at it a long time. Thank you for your service!

Edited by GatorNavy (see edit history)
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