Increase/De Novo

[triman8654]

My last claim was complete Jan 13, 2015.. Since that date I have numerous statements of condition worsening (MDD, somatic pain). I feel they gave a rating much lower than stated in records.

Would filing for Increase be faster than a De Novo.?

i sent in a Intent to File June 16, 2015 but have not completed it, is this the correct way to initiate the above.

Thanks

[bluevet]

My last claim was complete Jan 13, 2015.. Since that date I have numerous statements of condition worsening (MDD, somatic pain). I feel they gave a rating much lower than stated in records.

Would filing for Increase be faster than a De Novo.?

i sent in a Intent to File June 16, 2015 but have not completed it, is this the correct way to initiate the above.

Thanks

Hi Triman, Filing an appeal and requesting a DRO De Novo review can take a long time. In some regional offices, DRO review is averaging 2 years. On the other hand, if you have new and material evidence (evidence that was not already submitted) of your condition worsening, you can file for an increase and use the Fully Developed Claim process, which will get you a decision within 6 months. The difference is that if you win an increase through DRO review, you will get back pay from the same effective date of your current claim. If you go the route of simply filing for an increase, you will only get paid from the date of that filing. Good Luck!

Edited August 19, 2015 by bluevet

[triman8654]

Thanks bluevet

[USMC_VET]

yeah it all depends on your situation and what you want.

1) File NOD for DRO Review/hearing or de novo, etc.

Plus side: If decided in your favor you get the retro

Down side: If decided against you, you will then be months, years ahead with no satisfaction and either back to where you are now or more waitiging for a BVA appeal

 

2) File increase.

Plus Side: with the evidence and a FDC you can get a answer and award back in half to a quarter of the time than the above

down side: no retro

 

I guess it depends on your case?

If you got awarded say 30% and the retro date was 6 months ago, and your new evidence is a bump up to 50% thats (assuming this is your only disability on file and/or also combined rating level) only 200 a month more and that means are you willing to wait up to 2 years or more for 1200 more than filing for an increase now.  personally i would go with the increase.  I filed a NOD for my headaches because i more than meet the 30% rating level but they lowballed me at 0% and they set the retro back to 2012.  at 0% that means 3 years of 0.  however at 30% its worth the time for me for that retro not to mention the C&P examiner was a dismissive ass whos faced was buried in the DBQ checking boxes without talking to me most of the time. Its amazing how much information one can gather from no questions asked...

[Matthew Hill]

I would add a couple more things to consider.  When you refile your claim it will most likely go to the same adjudicator that has just denied your claim.  If you have new evidence that makes the grant of your benefits completely obvious then this is a good route (i.e. inpatient treatment for your condition).  

 

As far as retro benefits, you can actually go back to the claim you first filed.  If you file the new evidence within a year of your rating decision then you are entitled to go back to that previously filed claim under 38 CFR 3.156.b.  Essentially, the RO must consider that evidence as a part of the original claim.  

The problem is when you are submitting evidence that is not bullet proof, i.e. the RO can weigh your private doc's records versus VA treating records and find against you.  Again, you dealing with the same person that just denied you.  I've found that the likelihood of that person changing their mind is low.  In this case, you get another denial 3 to 9 months after the first and you are then filing your appeal.  You have lost those months that would have been counted towards your appeal wait time.

It's a judgment call but just make sure you are making an informed decision.

[Gastone]

90%, no IU Claim Filed????  This SC your working on, is there any possibility that  an increase would get you to a Scheduler 100%. VERRRRRY difficult, when your already at 90%. You need a completely New SC rated at 50% to hit the 95 rounded to 100.

What's up with no mention of an IU claim?

 

Semper Fi

[USMC_VET]

90%, no IU Claim Filed????  This SC your working on, is there any possibility that  an increase would get you to a Scheduler 100%. VERRRRRY difficult, when your already at 90%. You need a completely New SC rated at 50% to hit the 95 rounded to 100.

What's up with no mention of an IU claim?

 

Semper Fi

dont know his list of disablities but you need at least one that is 60% or more i believe to file for tdiu.  if you have a bunch of 20 and 30% ones that add up to 90 im not sure if you can?