John

[Theshow561]

My question during a appeal case at the BVA can the the judge grant a disability that was not pending but evidence in my case prove other disability????

[ShrekTheTank]

They will only look at issues you have brought up .  They can combine claims and this means they can bring in other things which are related to your claim from another claim.  

If you are asking will they give you something you never claimed?  No they will not go looking to give you a disability you did not say you had or asked for compensation.  

[broncovet]

Shrek is correct.  The BVA "only has jurisdiction" when the Veteran files an I9 giving the BOARD discretion over the claim.  

The BVA does not adjuticate issues not presented to the BVA by the Veteran or his representative.  

This said, I have seen Board decisions where they noted something similar to:

Quote

"The Veteran, may want to submit a claim for tinitus as it was noted that tinitus was present in his records".  

   However, Veterans dont HAVE to claim EVERY issue:  For example a claim for SMC is always inferred, and the Veteran need not file for SMC to be awarded it.  

Further, when a Veteran applies for benefits, and there is evidence in his record of unemployablity, the VA is required to send him a 2940 : https://www.va.gov/vaforms/form_detail.asp?FormNo=21-8940   If you read this form, it says:

 

Veteran's Application for Increased Compensation Based on Unemployability 

TDIU is a claim for increase.  There is no stand alone tdiu claim.  

[vetquest]

I will answer this a little differently.  If you have a disability that has not been adjudicated by the RO and you want to claim it, it might be possible to file this claim as an addendum to your existing claim.  The BVA might take up this claim if they have not gotten started on your appeal.  You would need to waive jurisdiction at the RO level and request the claim go straight to the BVA.

More information would also help us help you.  Please write a description of your situation.  We do not bypass questions with a long read.

[Buck52]

12 hours ago, Theshow561 said:

My question during a appeal case at the BVA can the the judge grant a disability that was not pending but evidence in my case prove other disability????

Please be more clear...''does a judge grant a disability that was not pending?

do you have a claim in for this ''said disability''? are you still in the decision phase of the claims process?....have you had this disability and have a claim in for it and awaiting adjudication?

not pending means they are not needing anything or working on your claim...its hard to tell why this disability is not pending if you did file a claim for it

if you didn't  then all the above information will be correct.

[broncovet]

Good idea, Vetquest.  It "may" work, to amend your claim to include other issues, tho, I have not seen that "actually happen" it could still work.  Im unaware of anyone even trying it.  

I do know the BVA "sometimes" merges claims, so its plausable the Veteran could request he claims/issues be merged.