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!

[DevilDog12]

I was in PFD but back to GOE.  But, Im sure it is because of the C&P's.  Hopefully hear something soon, but not holding my breath

[Navy4life]

1 minute ago, DevilDog12 said:

I was in PFD but back to GOE.  But, Im sure it is because of the C&P's.  Hopefully hear something soon, but not holding my breath

Oh that is most def. why you went back to GOE.  That happened to me and after the C&P it was completed within a month.  Keep up posted please!

[DevilDog12]

Will do!  I hope you hear some good news very soon!

[DevilDog12]

On February 28, 2016 at 9:49 PM, broncovet said:

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.    

 

Broncovet, you said you filed a NOD and increase at the same time, and said it's ok if it warrants it, correct?  I have a NOD filed for a certain claim, because I disagree with decision.  However, since that time, conditions have gotten worse.  This is not for the depression claim, as I was granted increase for that.  This is for Migraines, and I am currently seeing a VA Neurologist, and have been prescribed stronger meds.  Just didn't know if I should let the NOD take its course, or file for increase in meantime?  Even my VA doc says I should be rated higher.

[broncovet]

Yes, you can have claims for increase, appeals, and new claims all running simultaneously.  

YOu can calculate how much it will cost you by waiting for your appeals to finish to apply for an increase if you like.  

Lets say it takes 2 years more for your BVA appeal.  It could be more, or less.  Further, lets say your increase from 30% to 70% is granted, with an effective date 2 years later by waiting.  I have 70% (single) as 1334, while 30% is 407, or a difference of 927 per month, or 22,248 dollar difference.  Of course I have no idea how long it will take nor do I know what your increase will be.  I cant afford to throw away even one month  of 927, so I wont be finding out, either.  I will apply for benefits, an increase, etc., as soon as I can.  

So, you would be better off filing now, and, if you get your extra 22 grand and that is far too much money for you to be able to spend then you could send all or a part of it to Tbird as a donation.  

Edited April 3, 2016 by broncovet

[DevilDog12]

Lol.....well I could definitely use the money.  I just didn't know if they would frown upon a request for increase, and a NOD for same issue.  I really appreciate the input.  I am greatful for everyone on here for their knowledge.