Question:
I love all the work you do here, very informative! My question relates to the following. In a legacy NOD for DRO review I had new evidence (Dr. Anaise's IMO, whom I found via your website and with whom I am very pleased. I also sent new V.A. treatment Records, CPAP Order) demonstrating that a previously claimed arrhythmia which was denied, was actually caused by sleep apnea (and titled as such in the NOD). Over two years later, I have just received a Notice from the V.A. stating that they saw my sleep apnea claim in my NOD, but now via what appears to be a form letter they are requesting that I submit a new claim for it in the new appeal process (whereby I would lose my earlier starting point of Nov. 2016 with my original claim regarding the palpitations). Would a Supplemental Claim be better than filing for a New Claim? It appears that, with the Supplemental Claim, I would get the benefit of my earlier filing date. Does this sound correct? Alternatively, is there any other way of handling this issue that will not disrupt the continuity of the earlier date in 2016 (like a way to get the message to the DRO)? Thank you very much for all you do here!
Jim's Reply:
I'm glad to hear that Dr. Anaise was able to help you. Did you know he's an accredited veterans law attorney in addition to being a physician? If I were you, I'd return to him and pose these questions. He'll be happy to hear from you and if a fee might be generated, it may be a contingency fee so no out of pocket money for you. Good luck.