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Does new info shove you to the back of the line?


jimbostaken

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In July of '15, I appealed a denial of service connection for a R shoulder condition. I submitted actual copies of a shoulder injury from my Navy medical record, along with evidence of surgeries in 200 and 2015 done by non-VA doctors. At the same time, I filed for an increase in my cervical spine condition. Of course, nothing has happened yet, but it appears that the VA has lumped the two together as one "appeal." I submitted the paperwork under the direction of my NSO.

I'm sure this question has been addressed here periodically, but I'd like a fresh opinion:
 As time goes by, I continue to be treated, tested, injected, etc. for both of these conditions; they are getting worse and worse and the NSO is encouraging me to go for and IU claim, but I still want to try to work. Also recently lost my wife to cancer so i'm the only income anymore. I've been told that submitting additional evidence causes your claim or appeal to go back to the beginning of the process. Is this true?

Also, does the VA, when they do get around to looking at my appeal, automatically go through my record and look for information pertaining to my claim? I began using the VA system exclusively last fall, so the new information should be readily at hand. Do I have to go through and pick it out and submit it to them as supporting documentation, or will they find it on their own? If I need to submit, then it goes back to my question above; am I just moving my appeal father away from being considered?

Aside from that, I recently got a favorable 10% for tinnitus. I was already at 90% and the new award doesn't push me to 100, but i guess it always helps to document it.

Considering a subscription - these ads are a killer and make using the site a lot more confusing to me. Thanks for all the work you do, all of you!

Jim

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As time goes by the new information does not push your case back to the end of the line.  It is the docket number that decides when your case appears before a law judge.  My case had a new contention added to it that was denied outright.  An IMO that was provided years later was considered in my decision.  Your date of effect of that later added information may be later but the case is not stalled.

As for the VA gathering information from your record, they are supposed to.  They have the duty to assist.  If you have civilian medical information be sure to add that too.

If you are at 90% asking for 100% is not wrong but you should also consider IU.  You may want to continue working but how effective are you in your employment?  I had a lot of thoughts about never working again wondering if my children would think less of me but I did file for IU eventually.  Always remember you earned these benefits by your service to your country and your injuries.

 

Edited by vetquest
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  • HadIt.com Elder

If your appeal is at BVA level or higher, the docket numbers would apply. At VARO level, I believe they go by claim date.

Good luck!

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As always, more info regarding the type of Appeal (RO Review, DRO Review, DRO Hearing or BVA) would be very helpful.

All VA Appeals are 1st come - 1st served, unless a Vet has a "Hardship Advancement." All post Appeal Filing submissions of New & Material Evidence must be reviewed by the RO Rating Dept with an eye toward a possible Award, thus adding what could be significant additional wait time.

An Appeal can't be Certified as Complete by the RO to the BVA, if recently received N & M Evidence has not been addressed by the RO Rating Dept.

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