Will the Board toss out my submission of new evidence when my condition worsened while waiting for their decision?

[63Charlie]

Sinus tarsi syndrome(increase) has been on appeal at the Board for more than a year.

Is there is a limited time one can submit evidence when an appeal to the Board is filed?

 

My condition has worsened.

I am scheduled for surgery on my left lower foot/ankle.

I will lose the use of my foot/ankle post op.

Hopefully only temporary... if the surgery is successful.

 

What is the rule governing the submission of new evidence for Board review? 

The appeal was filed over a year ago.

My new evidence will show loss of use of my left foot/ankle after surgery.

 

[pacmanx1]

Yes, there is a time limit. When you check the status of your current appeal on va.gov it will normally state not to submit any new evidence because it could delay your decision. 

Check Your VA Claim Or Appeal Status | Veterans Affairs

 

[Dustoff1970]

Over the past 30 years of claims and appeals I have taken a few long shots against the rules that have worked such as sending new evidence after deadlines.   You can go ahead and send new evidence to the board and they can 1. accept and review, 2. ignore, 3. deny your new stuff in writing.  

As Pacmax said if they do accept for review this could delay your decision even further so I myself would only send very strong positive evidence at your stage of appeal. I had nothing to lose but time.

My appeals have taken 2 to 4 years over a 30 year period.

My comment is not legal advice as not a lawyer, paralegal or VSO.

Edited August 10, 2022 by Dustoff 11

[USNDW]

It depends on what level review you are in.

The appeals information letter outlines each step and whether you can or cannot submit additional evidence.

We thought we had used up all appeals other than BVA but the VISN network sent a letter with the denial stating we could request a review from VISN within 60 days, and new evidence could be submitted.

That was not in the original denial with appeals, so I think Congress has had enough complaints that they are changing the way they determine eligibility.

Up to 90% were being denied or removed from the program. In the VISN decision an extra step for review was offered, again, that is different than the appeals process was laid out, so be sure and read each letter you get because there might be slight differences.

Also, remember, any records in your VA healthyvet or VA disability letter are not NEW evidence, they existed in your file when a decision was made. I printed out my disability letter with 32 ratings from 0% to 60% and sent it, noting it was not new evidence but that VISN needed to review it