Can you file a new information claim one file?

[llburk]

I filed an agent orange cad claim by e-file using the option of a fully completed claim on March 5th.

I received a 10 per cent disability decision this week. My mistake was I didn’t have my private physician Fill out a DBQ and complete the interview based METS section.

My question is can I file another 21-526 EZ adding the new information for my approved 10 per cent by e-file? The approved 10 per cent is based upon medication only. 

I don’t want to appeal an approved claim and need to know how to correctly update that claim with new information .

 

 

 

[pwrslm]

Not sure but it sounds like you think the 10% was low-balling your condition. They did that to me, you are not alone.

You can call Peggy (the VA customer service #-800-827-1000) and get them to submit a request for reconsideration. Your 10% is yours, they wont take that back, but reconsideration opens the claim again and then you can upload a statement into the EB site to show that you should be rated higher. Write a letter showing the mistakes made in the C&P exam and document where your medical records show that your condition is worse than what the examiner said.  If you want to add more medical evidence then use RAMP.

This is a very common problem with VA C&P exams. This info was already in the case file at the VA when they made  my decision, it was the rating official that failed to account for facts contained in my case file when he rendered the decision.

The new RAMP appeals are designed to let them catch these errors before they get to the BVA level. If you appeal for a higher rating, you will not lose the SC that was already awarded, so you cant lose that unless they find significant mistakes or fraud. You would have to get notice of an intent to decrease which you could also fight and appeal if you lose. At one point, the VA ratings held a 74% error rate, which means that 3 out of 4 claims had errors in the decision rendered at the RO (according to the American Legion).

 

 

[broncovet]

Yes, you can file to reopen due to new and material evidence, 38 cfr 3.156.  There is a regulation for just that.  

You posted, 

Quote

 don’t want to appeal an approved claim and need to know how to correctly update that claim with new information .

 

 

I dont think you understand that you can appeal either SC, disability percentage, or effective date.  You would be appealing the disability percentage, by reopening new and material evidence 3.156.  

I think maybe you are worried that, if you appeal, the VA can take away what you have.  The VA and the VSO's LOOOVE it whn you think that way.  They want you to be "afraid" of filing for an increase out of fear of a reduction instead.  Remeber this acronym:

F alse

E xpectations

A ppearing 

Real

This is what fear is, precisely.  The VA can reduce you, yes, if you imporve.  And, they can take away benefits if you are a fraud.  But they are not gonna take away your benefits because you forgot to send in another doc report that documents additional symptoms.  

[vetquest]

They can try to take your benefits.  In an SOC it was noted that my case needed further review for reduction.  When I requested my case go to the BVA they suddenly forgot about the further review.

Do not let the VA strongarm you.  You can always request higher level review.

Edited August 14, 2018 by vetquest

[Buck52]

I agree with Vetquest & broncovet  good info.