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bigoc

Pending claim from new to inc?

Question

I have a claim in for an increase to 4 already SC psoriatic arthritis conditions that was supposedly(still waiting for the letter) decided.  Status changed on one of my pending new claims.

1.  The claims were decided and I am waiting for a decision letter and can not get a strait answer when I call.  I moved on for the moment on this problem.

2.  I  next put in for several new service connections for other joints.  I submitted x-ray evidence for these.

3.  My question here:  Why would one of my new pending claims change from new to inc?  This condition(left hand) is not currently SC.  Is it possible that his joint was SC from my decided claim?  I did not put left hand in until 10/29 for my newly claimed joints.  Again still waiting on the letter for this decision.

The joint in question is my left hand(not SC).  I am however SC 10% for my left wrist.  The submitted x-rays with my new claims do show evidence of psoriatic arthritis involvement and change in the left hand and I made complaint of pain in the left hand at my last C&P in September.

I have some kind of weird fusion of claims going on here to complicate this issue.  A pending claim went to decision sent and no decision has arrived after 10 days.  Now it looks like some new(submitted 10/29) pending claims are changing to increases and I am not SC for these so I am wondering how you can get an increase for something that is not SC?   

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Great question, 

I have just come across this myself as well. I put in a new claim for Chronic Pain/SSD and looked at eBennies the other day and it says "Chronic Pain" INC. I am already service connected for Cervical Strain with Degenerative Arthritis 20%, and Tinnitus 10%. So, hopefully someone can answer this one for us. 

 

-Tony Johnson 

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Well, yes.  There are special regulations on effective dates for increase.  

Its just that VA is not the solution to the problem, they are the problem.  

Problem:

    It takes VA "so long" to process our claims that we often (should) get an increase before the claim is even processed.  

    They have something called a "Fenderson" (also called "staged" rating) that is supposed to take care of this.  Sometimes there are 2, 3, or even 4 increases that happened before the claim was even processed.  Sad, I know.  

    Oh, here is the regulation on effective dates FOR INCREASE:

38 cfr usc 5110:

......

(3)

The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.

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broncovet,

I am not the best at understanding(work in progress) effective dates.  I thought it was when you put the application in or if there was a mistake.

I put an request for SC or increase for April of this year and one of the supporting documents such as x-rays shows that the condition was present 1 year earlier than this date.  Using the date of the x-ray for this example.  Is this earlier date the possible effective date?

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    • Howdy all,

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      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
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      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
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      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

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