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Some clarification needed!!

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DevilDog12

Question

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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  • HadIt.com Elder

The effective date is usually the date filed/Intent to file  or the original claim filed  the VA goes back to the Intent to file claim as the effective date

but when doing the math   its different than what we think we should be getting  because they use the following month to pay!

  example

Intent to file date is Feb 1 2016  and the effective date is the same  but the VA don't pay for Feb1 date

they pay the following month which would be March1st 2016

I thought they paid from the effective date too but under the reason and bases of ''WHAT WE DECIDED''  it states they pay from the following month.

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Just now, DevilDog12 said:

Yes, Im sorry, had that confused with my NOD.  I filed the ITF in December

Okay so the effective date is December 2015.  

You filed the NOD I am assuming in October 2015?

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1 minute ago, DevilDog12 said:

Yes, and that was decided and closed on January 28 by a DRO review.  I won my appeal for my Restless Leg Syndrome.

Since you have already filed for the increase I would let it run it's course

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