Some clarification needed!!

[DevilDog12]

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!

[Navy4life]

If you filed three months after your decision, I am assuming Dec 15/Jan 16 then that is your effective date of the increase, granted you are approved for an increase.

I assume you did not file an ITF in October for the increase correct?

[DevilDog12]

Not sure what an ITF is??

[Navy4life]

1 minute ago, DevilDog12 said:

Not sure what an ITF is??

Sorry - ITF (Intent To File)

I am assuming you did not file an ITF to preserve your date, therefore if you did not , then the effective date for the increase will be the date you filed for the increase.

[broncovet]

1.  If you are still in the one year appeal period, then you should file an appeal disputing any issues you think are incorrect.  Yes, appeals take time.  

2.  You can still file for an increase if your conditions have worsened while you are appealing.  

It is certainly possible or even wise for you to do BOTH, if the situation warrants it.  Filing  a NOD and an increase are not mutually exclusive.  I have done BOTH at once at I was at least partially successful.  I got the increase, but the appeal rages on.    

 

Edited February 29, 2016 by broncovet

[DevilDog12]

Yes, the ITF was filed in October. 

Broncovet, how long ago did you file the appeal?

[Navy4life]

8 minutes ago, DevilDog12 said:

Yes, the ITF was filed in October. 

Broncovet, how long ago did you file the appeal?

Clarity if I may...are you saying you filed the ITF AT THE SAME TIME you filed the claim?

your original post states you filed for an increase 3 months after the October decision. If the ITF was filed and submitted in October prior to your increase request in Dec/Jan then yes that is the effective date. If not then the effective date is the date of you claim filing in Dec/Jan.