Appeal

[Mojo]

During your appeal timeframe[1 year],can you file a new claim for the same disability ?

I went to my lawyer to prep for the upcoming video conference. It appears that a regional officer  that contacted me by phone filed a new

appeal disability claim for the same problems,even though I filed an appeal earlier that year ,

 The claims were approved,and it put me at 100 percent but the effective date was changed to 2015 instead of 2000.

can they legally do this?

[ShrekTheTank]

This I refer to as the Slicky Ricky move!  They probably used the date of the C&P exam?  The most resent?  They try to get away with this all the time, normally the judge will catch it on the way back, but you might need to appeal this crap.  

Actually you said you have lawyer and this is what they are paid to do.  I would call them up and ask them to help you fix it as they might be able to get it done much faster!

[broncovet]

After you get the decision, file a notice of disagreement disputing the effective date.  Yes, the VA gets away with this all the time..and they will contine to do so especially when Vets dont appeal.  

Hornswaggling the effective date is the VA's "4th favorite" thing.  The first three are:

1.  Delay

2.  Denial

3.  Lowball.  

    They did all these to me, plus hornswaggling the effective date, hoping I would give up or die.  I have done neither.  

[Dustoff1970]

The VA loves claims confusion and confusing things along with some VSOs as it allows them to delay, deny and as Broconvet said low ball and has happened to all us old timers a few or many times.

Always try to keep everything simple (KISS) when filing and appealing claims.  If you file a claim that is also under present appeal then I have heard from other knowledgeable persons that the VA/BVA will combine the claim into the appeal and procede from their but I have not yet experienced this set of circumstances.  

Once you receive an SOC (Statement of the Case) for a denied claim you have 60 days to file the enclosed VA Form 9 Appeal to BVA and you can add new evidence if any at that time.   After the VA sends you a Certification of Appeal to the BVA you have 90 days to add new evidence but this must be sent direct to the BVA and not VARO.

I CALL upon others to correct me if I am wrong here.   This info from me is not legal advice as I am not an attorney, paralegal or VSO.

Edited January 3, 2020 by Dustoff 11

[broncovet]

Dustoff gave good advice.  With Ramp, aka AMA, there is no longer an SOC.  You can still get a SOC if you are in legacy appeals.  SOC's and SSOC's are being phased out.  (I say good riddance).  

[Mojo]

Thanks for the advice ,this is a legacy appeal and ill update after the video conference !

[Mojo]

So I had my videoconference and the judge gave me 30 days{requested by my lawyer} to show evidence that the V.A was aware

of my neuropathy prior to the new claim that was filed.

I happen to have the operative notes in 85  as well as progress  notes  in 2013 state cerebellar hemorrhage with residuals of neuropathy is noted.

I hope this is enough to sway the judge ,we"ll see.