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A couple of questions

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AF SP

Question

I filed a Supplemental to my initial claim within the 1 year timeframe.  The VA made me redo it as an increase claim since Supplemental is only for denials, is this correct?

Also I received the C&P exam today and it had this. Which falls under the 30%

Occupational and social impairment with occasional decrease in work
efficiency and intermittent periods of inability to perform
occupational tasks, although generally functioning satisfactorily,
with normal routine behavior, self-care and conversation

But further down it has these marked which I think would bump it to 50%.

[X] Depressed mood
[X] Anxiety
[X] Panic attacks more than once a week
[X] Chronic sleep impairment
[X] Disturbances of motivation and mood
[X] Difficulty in establishing and maintaining effective work and social
relationships

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A supplemental claim filed in response to a recent denial decision by the VARO is for the purpose of submitting new and material medical or other evidence to the existing denied claim.  By filing a supplemental within the allowed 1 year to do so you also increase the time allowed to file a BVA appeal to the the denied claim.

Did you submit new and material evidence with your supplemental??

If they again deny your supplemental you can then submit a HLR or appeal directly to the BVA if you think they are wrong in their denial decisions.  From your provided information it appears VA is wrong telling you to do a "redo" and maybe wrong in assigning you a lower rating. 

Others will provide you with more info and correct me if I am wrong.

"To argue against success is to blow against the wind"

My comment is not legal advice as i am not a lawyer, paralegal or VSO>combinedphotoofWOPerkinsinUH-1HdustoffandUpliftDustoff.jpg.3a1cba1b94292e66165bdd46db80653c.jpg

Edited by Dustoff1970
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The VA website agrees with whoever told you to refile it.  https://www.va.gov/decision-reviews/supplemental-claim/

That is, its for denials only.  If the claim is not complete, then you could have filed a new claim (for additional conditions).  

There is much much confusion with VA employees on which claim form to use.  Ever since 2019, there has been confusion and its obviously not over with.  

Here is the crazy part:  "supplemental" is defined as:

Quote
Dictionary
Definitions from Oxford Languages · Learn more
 
 
 
 
 
sup·ple·men·tal
adjective
NORTH AMERICAN
 
  1. provided in addition to what is already present or available to complete or enhance it.
    "many premature infants need supplemental oxygen soon after birth"

The above defination makes sense especially, you had a claim and submitted "in additiona to what is already present or to enhance it".  

However, VA has their own lingo, not to be confused with English.  

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