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Will the va open my case?

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wes44

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wes44 Apprentice

wes44

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I got denied in 2016 for ptsd due to lack of evidence.  I submitted a new case in 2018 with a bit of evidence and a lay letter.  I got a letter in the mail saying that 2016 case was closed and missed the appeal date so i called and they said i would have to submit a brand new claim.  The new one was for ptsd and schizophrenia, not just ptsd.  Well i just called and they said my new case wasnt opened due to it being the same as the old 2016 one,  even though its not and it has new evidence wheras i didnt have evidence before.  Has anyone encountered a problem like this before and what do i do.  Did you eventually get them to open your new case and how did you go about getting there? 

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broncovet Grand Master

broncovet

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This sounds like the va does not have your "new evidence".  They just love to lose our evidence, then pretend like it never existed.  

One way to do this is to file a new claim, like they suggested, then you probably will have to fight for the effective date.  

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Carl the Engineer

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I did this, but it was called a re-open.  And with new evidence.

Not a new claim.  Not sure what the deal is, but with the VA, if you don't spell it out for them, they will use the easiest path of least resistance to out maneuver you.  And if you do spell it out for the VA, they will put on the blinders and not look past what you ask for.

I would do a re-open.  What is required is new evidence.  And you have that.  And, just so you know, your EED will be the date of your re-open claim.  Not your denied claim(s).  But at least it will be service connected if you win.  That's the most important thing..

Happy Turkey Day,

And I get to work it. Again,

Hamslice

 

“There is no hook my friend. There's only what we do.”  Doc Holiday 

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wes44 Apprentice

wes44

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8 hours ago, Hamslice said:

I did this, but it was called a re-open.  And with new evidence.

Not a new claim.  Not sure what the deal is, but with the VA, if you don't spell it out for them, they will use the easiest path of least resistance to out maneuver you.  And if you do spell it out for the VA, they will put on the blinders and not look past what you ask for.

I would do a re-open.  What is required is new evidence.  And you have that.  And, just so you know, your EED will be the date of your re-open claim.  Not your denied claim(s).  But at least it will be service connected if you win.  That's the most important thing..

Happy Turkey Day,

And I get to work it. Again,

Hamslice

 

I would do that but theyre saying my evidence is a duplicate of my old case.  When thats impossible because i didnt even submit evidence before. And there being a 2018 hospitalization included in my evidence really makes it impossible since the old claim  was 2016. I dont know what the va is doing. 

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Buck52 Grand Master

Buck52

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you could have a problem here if your ONE YEAR NOD time limit run out? or if you every filed the 2016 NOD?  VS 2018 Filing a New Claim?..if you did this you may have a problem with the original EED?

''I got denied in 2016 for ptsd due to lack of evidence.  I submitted a new case in 2018 with a bit of evidence and a lay letter''.  

I would keep the Appeal door open so you don't lose your EED if you file a new claim they will make you fight tooth and nail for the EED and EED is very important not to lose it.

   Appeals will keep your EED.

Continue to send in your evidence  and if they have not used or read any pre evidence re send that in as well.....keep all transactions you send to the VA and recieve from the VA..KEEP COPIES OF EVERYTHING. and watch out for the Dates.

In my opinion if you file a new claim  you lose your EED.  of course this is your choice to do.

If it was me and I filed my claim in 2016 and sent in my NOD on time, I'd fight them on this. 

However, if you were denied for the 2016 filing and you never sent in a NOD  (21-0958) within the appeal time limit ...> then yes file a new claim.

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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Oceanbound Proficient

Oceanbound

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16 hours ago, Hamslice said:

 Not sure what the deal is, but with the VA, if you don't spell it out for them, they will use the easiest path of least resistance to out maneuver you.  And if you do spell it out for the VA, they will put on the blinders and not look past what you ask for. 

 

Hamslice

 

Well its the Regional Office, they are nothing but clowns in the circus, and do clown tricks to trick you. But once you are at the BVA they can read.

So start saving up for a IMO by a private psych whose Vet friendly.

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