VA started new claim after appeal filed?

[DevilDog12]

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?  

[DevilDog12]

The effective date is the least of my concerns.  I mean, it would be nice to get an earlier effective date, but for now, I just want them to increase my current 0% rating.  Just didn't understand why they would open a new claim for same illness.  Could it be a good sign that they may be increasing the %? 

BTW, I use the DAV as a rep, but might as well use my cat, because I can never get in touch with them, and they never call me back. 

[ArNG11]

Say it isn't so "meow"  Its because of the effective date. It's one of the VA games unfortunately.  Just have your wits about you and your records.  File your notice of disagreements and preserve your effective date.  With DAV, well, heh just remember these words " no one will care more about your claim than you do"  Utilize them as you need to but I would still suggest that you stay vigilant and in charge.  Keep them in line as they are to work for you.

[DevilDog12]

Because it is because of the effective date, is that a good sign that it will be increased?  If not, do you think it just would have been denied instead of a new claim being opened? 

When I did get in touch with the DAV, the only time, they seemed kind of upset that I wasn't using them more.  I explained that this claim was important to me, and wanted to move it along.  Probably would have had to wait longer if I would have gone through them.

[ArNG11]

Deciding it is hard to say and I wouldn't just take my word for it. 

Personally I don't go through VSO's, bad experience.  So I went at this pro se with the grand help of many of our great folks here on Hadit.  It's not easy by no means. 

The VA will try everything and anything to confuse the issue.  Look up the pertaining regs and see what applies to your case. The eCFR and the VBM manual are your allies along with the experience of folks who have been at it for years. Evidence is King that is no lie. 

JMO

[DevilDog12]

This site has been more helpful to m than any other source, so I definitely appreciate your input!

[DevilDog12]

I'm just wondering if they opened a new claim with new date because they plan on raising it?  Is that a possibility why they did that?  They could have just denied it without a new claim, correct?