Fully Developed Claim question

[DevilDog12]

If a new claim is filed shortly after an FDC, does this kick both claims out of FDC status once they are consolidated?

[Navy4life]

1 minute ago, DevilDog12 said:

Yeah, it was kicked out of FDC status, but I'm not worried about it.  I filed the claims, then a few days later, it went to Gathering of Evidence, and they called me to schedule C&P's.  So it seems like it is moving pretty quick.

I hope you hear something in regards to your NOD decision soon!

DevilDog;

Curious are you trying to get to 100%?  What are you claiming if you don't mind me asking?  I was under the assumption that once you get to 90% (not sure if you are closer to 95% i.e. 94% rounded down to 90%) it's very hard to get to 100%.

I hope your C&P exams go well!  Been following your posts for awhile and you have really made progress!!!

[DevilDog12]

Yes I am.  Under the direction of my VSO.  We had a long discussion, and he went through my STR's, with my permission of course, and asked why I never filed for Tinnitus, my foot injury (required surgery), Skin Condition (Folliculitis), and Painful joints.  Also stated that I should apply for an increase of my 30% rating for Migraines, since my VA treatment records basically meet the criteria for 50%.  Yes, I am 90%, but this is still all new to me.  I filed my first claim in April of 2015.  So he did up all the paperwork for me, and we filed away.  So we will see what happens.  Right now, I am at 90% (89 total).

[Navy4life]

Well I understand your wanting to fight for your disabilities. Can't blame you there.  Just be careful b/c it takes about another 50-60% to get you to 100%.  The CFR table can show you how your ratings add up and you can see for yourself. Plus if you open up for an increase or even a new claim remember ALL your contentions are open to be reviewed.  Not trying to scare you but make you aware.  Are you trying to get P&T?

http://www.ecfr.gov/cgi-bin/text-idx?SID=6338d97b4fb9053c6488c6951cb558ec&mc=true&node=se38.1.4_125&rgn=div8

Right now I am 72% and if my appeal goes through it could mean a difference of either 80% or 90% for me. I would be so happy!

[Mont36]

The problem with VSO's are that they are there to just move your claim forward and not have any knowledge or little knowledge. Im a Veterans Service Representative and I see it all the time where VSO will add more claims to your existing claims when it is a FDC claim instead of gathering all information in the beginning thus avoiding delay in your claim. Im sorry you are not aware of this and its not your fault but sometimes it happens this way. Rule of thumb always do a Intent to File first in order to preserve the effective date for pay. Example if you intent to file say 5/1/2015 and put in claim 4/1/2016, then you get rated on 12/1/2016, you will get paid back to 5/1/2015. Just FYI. Good luck.