Can I start a new claim on a denied disability?

[Fearless]

I was denied sleep apnea secondary to gerd, rated 0%, twice. I would like to know if I can file a new claim for sleep apnea secondary to depression--rated 50%-- or sleep apnea by itself. I am currently waiting on my C file to have an IMO/IME perform. What do you all think I should do? 

Thank-you, 

Fearless

[Buck52]

you can file a new claim but its not in your better interest to do that.

a new claim will defer your effective date.

so keep your S.A. claim in appeals  for a better effective date...so you need more medical evidence to win your S.A. Claim for increase. 

Speciality Sleep Dr's will need to give a expert opinion that your S.A, IS LIKELY AS NOT CAUSED BY YOUR PRIOR MILITARY SERVICE and give a nexus to the cause  Name any secondary causes that is related to your S.A. from military service

You need a SLEEP APNEA Diagonses and a prescribe C-PAP Machine that is medically needed for you, after this is when you need to prove  your S.A. is related to your military service  MOS plays a big part, it helps to have medical docs about OSA or any sleep disorders while in military but  if you don't its ok  you need a Specialty Sleep Dr to help you with his/her medical opinion that its likey as not your S.A. is related to your military service (name the reasons)

[broncovet]

Yes.

You have a year to file a NOD.  If you wait to see what your cfile says, then you can make a better decision.  However, if your claims file does not arrive before the 1 year deadline, go ahead and file a nod to preserve effective date.  

You dont HAVE to wait, tho, to file for new benefits.  You can file at any time, the earlier you file, the earlier your effective date if awarded.  

If benefits are awarded, you can dispute the effective date if its wrong.  

There is no law against having a claim BOTH in appeals, and pending a RO decision.   That is, you can apply again.   It would be productive to read the reasons and bases for denial, and see what it would take to "fix" that, for example, if you lacked a nexus.  A missing nexus can often be fixed with an IMO/ IME.  

Edited December 2, 2017 by broncovet
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[broncovet]

Of course, VA wants us to think we can not apply for benefits on an issue that has an appeal pending.  This is not true.  You can apply for any benefit, at any time.  Appeals can take 5 years or more, and you may get your benefits in the interim.  Effective date is a different issue, but you should get the effective date from the date you first applied, or facts found, whichever is later.  

[Fearless]

Thank-you for the swift reply Buck52 and broncovet.