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New Claim While Similar Claim At Bva


paulcolrain

Question

has anyone ever done what i did ? if so , What happens ?

after reading some Dr. reports and looking back over my claim i read the words " bilatteral hip aggravation pre existed service".

knowing that i have never been diagnosed with a pre existing Bilatteral problem only a child hood left sided hip disease was treated when i was a child. and some parts of the problem probably are a pre existing condition, i read on.

while i have a current appealed claim with the bva that is in my words a Bilatteral hip condition i decided to open/reopen a claim for right sided hip condition. i sent in new evidence and a new Dr. opinion that also was sent to the bva for my appeal. this new claim to reopen right sided hip condition was opened on october 2014 and i have just seen that they decided it today 3/11/15

it says that a decision was made and a letter was sent. i called peggy and they said that " yes a decision was made but she doesnt see any letter being sent yet in her system".

question is,, do you think they just closed the claim to give themselves closing points but really just submerged it into my current appeal with the board ?

or did they actually see my evidence and realize that this whole time they have been reading my file incorrectly and assuming i had a pre existing undocumented right hip issue. ?

1. has anyone opened a claim that is similar to the appeal claim ?

2. does the veteran get a document every time ebenefits and peggy says that a claim has been decided and closed?

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Similar, you be the judge. I have never been to BVA but I did have a DRO Review Hearing this past 06/14. Decided to go "Informal" so the DRO and I are just discussing issues back and forth. I explain that in my original claim my VSO-Rep mistakenly listed upper extremity neuropathy when all along it was lower extremity. I pointed this out in my original 2010 NOD. The DRO agreed that I had definitely pointed out the upper vs lower error however the original denial that I NOD'd was for upper extremity Neuropathy. He stated that the only issue that can be addressed at the DRO Hearing was the original Denial of upper extremity Neuropathy which I have never had. I was awarded everything else from 10 NOD and 12 IU NOD. I refiled a New claim for the Lower extremity PN the same day, something I should have done back in 09.

I have reviewed many BVA Decisions over the past 3 yrs and quite often I've seen where the BVA has claimed no jurisdiction over an issue that has not been previously decided at the VARO Level. Kinda think thats where your new claim will be, at the VARO. Just don't see it being folded into your BVA issues, could be wrong.

Semper Fi

Gastone

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Right. The BVA's jurisdiction is solely over the appeal they have.

They could remand however, using the terms "explicitly interwoven "with an addition claim issue , but I dont think this is the case here with you.

It might be, if you have sent the BVA more evidence for them to consider that could involve the new claim...

hard to say....

Yes, I had a claim at the BVA and also a claim at the VARO for three separate theories for an award almost 2 decades ago.

BVA denied the claim they had jurisdiction on, as it had been rendered moot, because they found out the RO had recently awarded the same claim under a different basis during the appeal process.

I guess I should have withdrawn the BVA appeal but I didnt. We didn't have contact with BVA via email in those days.

That old decision was great however as it told me that I would be eligible for a FTCA refund, if I was awarded SC death on a direct basis.

I did proof SC death but had to get th General COunsel to order them to pay me.

I used the BVA decision as to their statement and cited the regs , on the offset but VARO ignored it as evidence.

The General Counsel sure didnt ignore it.

.

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great information here guys/ im assuiming that the claim needs to be decided based on the new evidence before it can be sent to the bva... thank you both for your response. ill let you know what the letter says if i ever get one.

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