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Freedom of information act/privacy act request claim

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FlyboyLeRoy

Question

I filed a claim in 2/2017 and some of it was denied for ear issues.  NOD submitted 12/2019 for review by a DRO. I filed a fully developed claim in 4/2019 so a different condition but same body system. The 2019 claim meets all checkpoints, cfr 38, favorable c&p, 50% greater service connection, 2 dbqs blah etc etc. I received a letter June 1 saying they cannot accept my claim at this time and all evidence from this class will be added to my 2017 NOD. Today this whole new section  was added to VA.gov,l. My NOD box has said evidence revieW and gathering for the past 1.5 years.  Does this added section mean that someone is actually reviewing it as in being in the decision review officers hands? Or a generic response that they’ve just received my additional evidence/denied claim? Thank you 

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  • HadIt.com Elder

I believe it is, but of course it doesn't necessarily mean that the "new claim" stuff will really be considered, or just given a brush off. Too often, the VA rolls a few seprate conditions together with the end result that you get short changed or low-balled instead of being considered as different conditions. If the new claim is actually denied, be sure it is fully discussed by the VA. That is, they talk specifically to the elements of your evidence. If they don't, I believe you would have cause for a CUE. Berta and others could talk to that situation, if it becomes necessary in the future. Hopefully, it won't be necessary.

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4 minutes ago, GBArmy said:

I believe it is, but of course it doesn't necessarily mean that the "new claim" stuff will really be considered, or just given a brush off. Too often, the VA rolls a few seprate conditions together with the end result that you get short changed or low-balled instead of being considered as different conditions. If the new claim is actually denied, be sure it is fully discussed by the VA. That is, they talk specifically to the elements of your evidence. If they don't, I believe you would have cause for a CUE. Berta and others could talk to that situation, if it becomes necessary in the future. Hopefully, it won't be necessary.

Thank you, I was diagnosed by the va and civilian doctor with Ménière’s disease which is an inner ear issue. My original claim is for hearing loss, ear infections; and inner ear vestibular disorder. So without a doubt and per all info as initially mentioned  it should be rated at 100%. Anything less than that, in my eyes should be a CUE, unless I’m missing something important. My VSO agrees the same too. Thanks for your input. Who is Berta ?

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  • HadIt.com Elder

Berta is one of the sages here; some call her "Queen of QUEs". She has some pretty bad personal  history with the VA, which resulted in Berta developing considerable knowledge and expertise with the CUE process. A wonderful resource her on Hadit. IMO.

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  • HadIt.com Elder

I should have said Flyboy, that I understand what Miniere's is; it is a terrible condition and totally disabling. I am sorry for you and wish there will be some remedy in the very near future. Best.

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1 hour ago, GBArmy said:

Berta is one of the sages here; some call her "Queen of QUEs". She has some pretty bad personal  history with the VA, which resulted in Berta developing considerable knowledge and expertise with the CUE process. A wonderful resource her on Hadit. IMO.

Thank you, I hope I don’t have to speak with her about a cue but It’s good to know she is there. 

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Let's hope that you do not need to speak to her but if you are denied and file a que I would also file to the BVA.  The two can run concurrently.

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