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Do Increase Claims Move Faster?

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Rakkasan

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I was just curious if Request for Increase claims move faster than new claims. I understand that different ROs and certain claims take longer but I was talking to another vet and we didn't quite know the answer. I assumed they would move faster because the VA typically already has the evidence from the past and are now looking at more or newer evidence.

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8 hours ago, Rakkasan said:

I was just curious if Request for Increase claims move faster than new claims. I understand that different ROs and certain claims take longer but I was talking to another vet and we didn't quite know the answer. I assumed they would move faster because the VA typically already has the evidence from the past and are now looking at more or newer evidence.

From my experience yes. My initial claim took two years and my current claim,  one increase and one new, is currently at prep for notification and was filed in May. I'm sure this varies greatly by a number of factors. 

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AND, it all depends on if you choose to file your Claim for an Increase or New SC as an FDC (Fully Developed Claim) or as a traditional Reg Axx Claim.

FDC Decisions, I've had a couple, Award/Denial Decisions in less than 8 months. Reg Axx claims Decisions are still taking 18 to 24 months, depending on complexity.

Semper Fi

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  • HadIt.com Elder

I would say it all boils down to what type of evidence you send them, if they  have the concrete evidence that supports your claim  I would say yes or it don't really matter  because its the evidence that wins claims.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

Every claim you file after initial claim is considered claim for increase.  It does boil down to evidence.  Good evidence you eventually win your claim.  If you don't have the three parts of your claim together then expect to have to appeal.  I mean records of service connected event.  Nexus to tie the injury/illness/ event to service and current history of illness/injury.  If you have that sort of evidence you will win.

This is how I look at it, but it can easily become more complicated if VA disputes any of your evidence. 

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While there is less to prove with an increase than for initial claim, I think VA largely delays it more than necessary by sometimes "re adjuticating" old claims, looking for a decrease.  VA admits they look at "all disabilities" whenever an increase is sought.  Still, the Veteran has to meet the criteria for a reduction, and part of that criteria is "NOT": "When the Veteran seeks an increase, try to reduce him instead".  

Personally, I think its illegal and a violation of due process to consider a Veteran for a reduction when he seeks an increase.  That is like "profiling" pulling over a car to check for illegal things whenever its occupants are of a certain race.  

Im hoping someone sues VA for attempting a reduction when they file for an increase.

 

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Thank you all for your insight. I had a C&P increase about 4 months ago and it eBenefits was still saying gathering evidence so I was just curious. I realize my RO is Chicago so I am assuming it takes much longer than my previous initial claim which was in Louisville.

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