Mojo Posted January 2, 2020 Share Posted January 2, 2020 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? Link to comment Share on other sites More sharing options...
0 awgv001 Posted January 22, 2020 Share Posted January 22, 2020 Quick question for you, what was the timeline between when you filed for appeal to when you got your video hearing? It's been about a year that I've been waiting for mine, granted that it's "mixed results" on the "when" you'll see a judge. The BVA site seems to be posting a bit of a slow-down on the appeal processing rate... Mojo 1 I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice. You're never out of the fight. Semper Fidelis Link to comment Share on other sites More sharing options...
0 Mojo Posted January 23, 2020 Author Share Posted January 23, 2020 AWGv001 My appeal has been remanded for 15 year. the latest appeal was entered into the system in Aug 2015 and it's under the legacy appeal. The President signed the new Rapid Appeals Modernization Program in 2017 but it went into effect February 2019. Not sure which system your appeal is in but whichever it is, I hope it goes faster than mine. Good Luck ! Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted January 23, 2020 Moderator Share Posted January 23, 2020 Mojo, you need to contact the white house hotline. Its for just this kind of stuff that its there. Link to comment Share on other sites More sharing options...
0 Mojo Posted January 23, 2020 Author Share Posted January 23, 2020 Broncovet, during my video conference the judge advised my lawyer to submit new evidence that shows the V.A knew about these medical problems prior to 2015. My lawyer is submitting operative notes,from 1985,rehab notes from 1985 ,also medical records that have built up over the years, that hopefully show they knew this issue from the start of the appeal. we'll see how long this takes . Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted January 23, 2020 Moderator Share Posted January 23, 2020 Ok, well if you have a lawyer, then I will assume he has addressed your issues. Good idea hiring a lawyer! You should also ask him about the effective dates. What did he say? Link to comment Share on other sites More sharing options...
0 Mojo Posted January 23, 2020 Author Share Posted January 23, 2020 (edited) Broncovet ,My lawyer said at least we still have our heads above water. We'll submit all the paperwork we have and we'll go from there ! The effective date is when they received the claim on this issue which would be 2000 ! Edited January 23, 2020 by Mojo Forgot to adress part of question Link to comment Share on other sites More sharing options...
Question
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?
Link to comment
Share on other sites
Top Posters For This Question
6
4
1
1
Popular Days
Jan 23
5
Jan 3
3
Jan 2
2
Jan 22
2
Top Posters For This Question
Mojo 6 posts
broncovet 4 posts
Dustoff1970 1 post
ShrekTheTank 1 post
Popular Days
Jan 23 2020
5 posts
Jan 3 2020
3 posts
Jan 2 2020
2 posts
Jan 22 2020
2 posts
Popular Posts
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.
awgv001
Quick question for you, what was the timeline between when you filed for appeal to when you got your video hearing? It's been about a year that I've been waiting for mine, granted that it's "mixe
12 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now