claim automatically combined with a pending appeal

[vern2]

I have 3 appeals pending with VARO. I have filed two more claims since then, one on 12 July 2014 and another on 2 April 2015. This is copy of email response got today from Director of VARO. My question is this:

Is it possible or legal to combine a new claim with a pending appeal? The appeal has been pending since 7 October 2013, almost 2 years. The claims are all revolving around my heart disease and secondary issues, except eye problems and non allergic rhinitis.

"I apologize that communications from my office to you as a result of your
inquiries have not provided you with the information you are seeking.
Please know that I would never disregard your e-mails but I do ask my staff
to assist with answering them at times which is why you may be contacted by
someone else on my behalf.  Regardless, I will ensure you get a more
complete answer to your inquiry and ensure we are all on the same page going
forward. 

The claims you submitted were closed out as they are considered part of the
issues on appeal.  This is why you are unable to see the claims pending in
e-benefits.  There are two appeals pending at this time, one from October
2013 and the other from April 2015.  Rather than disclose the issues on
appeal in this forum, I will ask one of my best employees to reach out to
you today to explain your appeal issues, claims you submitted, and explain
the status of both.  I know this is very confusing for you and I will ensure
you receive a thorough explanation so you are comfortable with our actions
on your issues.  If you still have questions after discussing with one of my
staff today, please let me know."

Edited August 31, 2015 by vern2

[vern2]

If the claims are related to the issues on appeal, I would assume they would be combined. However, if your heart claims are on appeal and then you filed a new claim for your eyes and sinus, I would assume those would be handled separately as legitimate new claims. I would be concerned that this may take the new claims out of the fast lane (new claims) and put in the slow lane (appeals).

Yes, just got off phone with VARO. They had combined my later contentions into the original denial claim, but of course never told me. My appeal is in slow lane, going on 2 years, so back on hamster wheel.

[Fat]

NEVER GIVE UP

[Vync]

You might consider calling the 202 number. Sometimes they can nudge appeals along, especially if they are over 18 months old.