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Worse Before 1 Yr

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sbrewer

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  • HadIt.com Elder
john999 Grand Master

john999

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  • HadIt.com Elder
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I would file the NOD and send in the new evidence that you condition has gotten worse with the NOD. Ask for a De Novo Review. Why file a new claim for an increase when you can still appeal the claim you have and maybe get someone to look at it much sooner. Just my thinking.

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john999 Grand Master

john999

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Hmmm....he wants to amend his orignial claim to add a secdondary condition? I know it is pretty easy to amend a claim before it gets to the DRO/Appeals stage but I don't know about after the claim is in appeals? I think he might just want to file another claim for the secondary condition. Has the orignial condition been accepted yet? This is above my pay grade. The VA considers a secondary condition as a request for an increase. It is not a new claim so to speak. This is more complicated than at first appearance to me. I don't know the answer.

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sbrewer Rising Star

sbrewer

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John,

He was 10% from way back, I think around 1979 plus or minus a yr or two. Anyway, he put in for an increase last yr. in May and was awarded an increase to 50%. To make a long story short, his SW is working with him to try to link his heart disease to his depression. She also noted today, that he should be higher than 50%. I beleive, if I'm not mistaken, that last yr. I posted under the success stories about him winning his claim in only a month or so(can't remember now) and you responded to me then that this could be lowballed. The only thing I know that the C&P dr. put on his exam(he can't seem to get a copy of the C&P) was a gaf of 53 but she put the following...

social adapatability-severely imparied

occupational capacity-considerably impaired

overall disability-severe range

However he does still work, but is working on perhaps medically retiring from federal service.

Any input is appreciated,

sbrewer

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john999 Grand Master

john999

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If he takes disability retirement for heart disease and depression that would help him with his claim for an increase and probably IU. To preserve the earlier effective date I would just NOD the decision and add the evidence of the depression. You should ask for a DRO Hearing. I would get a private psychiatrist to say that he believes the depression is linked to the heart disease.

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