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Some clarification needed!!

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DevilDog12

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I filed for an increase of my 30% rating for MDD.  My claim was decided in October 2015, with an effective date of April 2014.  So, basically I filed for an increase 3 months after the original decision.  I have been reading that if you file for an increase within one year of decision, it must be an NOD/Appeal.  Is this correct?  If so, are they going to treat the request for increase as an NOD/Appeal?

I had a C&P last week for the MDD, and was pretty confident afterwards.  However, if I should have filed an NOD, and not an increase, will they even rate it again?  The evidence is all there.  Medications have been increased by VA, and have been seeing a VA Psych.

I am confused as to how my claim for increase will be treated.  Increase or Appeal.  Help!

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DevilDog12, you went on ebennies and filed for the increase, is that correct? Now, I have absolutely no experience in that situation, but it should be treated as a "New claim for increase", until they make the decision. I was rated at 60% for systemic lupus, which was lowballed, as I have flareups every month where I am bedridden from 7-10 days. I filed a NOD immediately stating I disagreed with the 60% rating(within 60 days of receiving the rating). I believe you should be ok, since they have already sent you to another c&p, however as i said i am not certain. I am certain one of the senior members will comment here as well, and i wish you luck on your increased rating!

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Yes, I filed for increase on ebennies.  I did not disagree with 30% rating at the time, but then symptoms worsened, VA raised my meds, and I have been seeing a VA Psych.  All the VA notes from my appointments say my MDD is Severe.  Hoping for an increase to at least 50%.  However, QTC did my exam, and VA has not received yet.  I'm sure my effective date will change to the new filing date, but as long as the rate is increased, that's all I care about.  

Thanks for your help!

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DevilDog12, I think that you will be fine, and I agree they will probably make the effective date the date you filed the claim for increase, if they do increase the rating. In fact, they might be more inclined to grant your increase than they would be if you had filed a NOD(as I did), since they can say"hey, he just filed foran increase, so his condition has just gotten worse, hes not disputing the 30%, so we don't have to go farther back than the date he filed for increase". Please keep us posted, and I will do the same. Fingers crossed for you! 

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It's confusing, but I didn't have evidence that symptoms worsened until after the claim was completed and rated.  I did not disagree with rating at the time.  3 months later, after going through a bad depression bout, having my meds increased, and seeing a VA Psycologist, I had the evidence I needed for an increased rating.

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