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VA started new claim after appeal filed?

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DevilDog12

Question

I was rated 0% for Restless Leg Syndrome from Exposure during Gulf War.  I appealed the 0% rating, and now ebenefits is showing my appeal AND a new claim for Restless Leg Syndrome, that I did not file.  Does anyone know why they would open a new case on my behalf?  

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The doctor that did my c&p said they see a lot of RLS symptoms in Gulf War vets.  I was rated 0%, but the VA has me on 4 times the normal dose of medication because of the severity of the symptoms.  About a month after I filed my NOD, I noticed a brand new claim on EBenefits for the same illness.  Not sure why.  There are people who are rated at a higher percent for lesser severity symptoms.  I'm just not sure if I am supposed to do anything regarding this claim.

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Because they can. I've had guys file for a claim and while waiting, send in new evidence. VA promptly opens another claim for the same thing but with one exception. Your effective date is the newer one from the date of the submission of the new evidence. Sometimes it takes years to argue the right date for the $. I've had Vets send in a query on the IRIS system and have the same thing happen. VA is lost in space, folks. It's no wonder they can't find their asses with a methane detector.  

 

 

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  • HadIt.com Elder

They can't find their ass from a hole in the ground.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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The doctor that did my c&p said they see a lot of RLS symptoms in Gulf War vets.  I was rated 0%, but the VA has me on 4 times the normal dose of medication because of the severity of the symptoms.  About a month after I filed my NOD, I noticed a brand new claim on EBenefits for the same illness.  Not sure why.  There are people who are rated at a higher percent for lesser severity symptoms.  I'm just not sure if I am supposed to do anything regarding this claim.

The crazy thing is VA service connected this condition.  Do you have a POA (Power Of Attorney)? Could your POA have filed a new claim on your behalf? Well, one thing for sure if VA comes back and increase this condition make sure you file a NOD for the correct effective date.

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