bad letter please help.

[paulcolrain]

ok so this letter states,

do to your current ongoing appeal issues it has been determined that your claim for increase is premature. we will not be able to to adjudicate this claim until the appeal has been finished.

ok seems like it would make sense. BUT,

the claimed issues are for an increase.

the increase is do to the BVA issuing a grant of service connection for then stated that is far as they can go they can not rate.

the increase is do to the fact that the RO granted only 10% and i believe it should be higher as of august 2017 but gave me EED of 2009.

they recieved my claim for increase in march of 2018 then sent me to a C + P this month.

then they send this letter saying its premature.

? how is it premature when these issues are NOT under appeal? 

the only issues under appeal are for EED of the back and EED of the radiculopathy and increase of the radiculopathy. 

now, radiculopathy is from the lumbar nerve NOT from the hips.

any Thoughts here? they just stopped my claim and blamed it on a non issue!

[Gastone]

PC, are you handling all your Appeal and Claims filings on your own, without advisory assistance from a VSO Rep? That might be the problem, filing for Increases that might touch on non-adjudicated Appeal issues, is somewhat a waste of time.

[pwrslm]

If they remanded the appeal for the RO to determine the correct rating, the RO would stop any claim on the same issue until that appeal remand was complete. 

 

Does your EBenefits account show anything on appeal, pending action?

[paulcolrain]

hoping i can answer both your questions in one answer. but you will have more questions because i ahure do.

i do not have an un adjudicated appeal for the hips.

the hips where decided and i received a grant of service connection for them. 

 

 

[paulcolrain]

ill also add that on the decision letter i recieved in August of 2017 does state " this is to be considered a full grand of benefits and this issue on appeal is now final and closed"

so then i ask for increase and im told its still pending... FOLKS ITS NOT STILL PENDING.

I ALSO WANT TO ADD TO ALL NEWBIES THAT WONDER WHY STRANGE THINGS HAPPEN ON EBENE & VET.GOV...... PLEASE DO YOURSELF A FAVOR AND CALL 800-827-1000 IMMEDIATELY!!!! DO NOT LISTEN TO POSTS THAT STATE EBENE'S IS WRONG JUST WAIT FOR A LETTER...NO NO NO.... CALL AND STATE YOUR CONCERN ... YOU WILL GET ANSWERS NOW IN 2018 

Edited April 27, 2018 by paulcolrain

[paulcolrain]

ALL FIXED!!!!!! BACK ON TRACK THANKS TO THE SAN DIEGO REGIONAL OFFICE TEAM. GREATFUL TO THEM FOR SEEING THE ISSUE AND RECTIFYING IT SO QUICKLY.