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Which came first, the chicken or the egg? Or the claim request or the right form? Or when is a claim considered officially open?
This is a case of my VSO helping me submit a new claim in April 2019 right after the AMA changes went into effect. At the time, neither of us knew we needed to submit it as a supplemental claim instead of a new claim. Years earlier, I had filed a heart claim for Afib, but I forgot about it. I have medical treatment records and a “more likely than not” IMO from a neurologist that I would like to provide to the VA. Just need to get an idea of the actual status of my claim and how I should submit the records.
I never received a formal decision letter granting or denying my claim for heart condition. Instead, on July 29, 2019, the VA sends me a decision letter denying Cushing’s (separate claim), but it says this about my heart claim:
The VA claims “no action on this issue was taken”, despite taking action on this issue (i.e. C&P exam). The rating narrative pages for the Cushing’s claim make zero mention of heart issues.
The VA’s stance on supplemental claims appears to be that if you previously filed for any claim regarding an organ, then all future claims regarding the same organ would be supplemental, regardless of the actual diagnosis.
I checked on va.gov and found the claim they received on May 3, 2019, for Cushing’s and heart condition was closed. I called Peggy and they are as baffled as I am that the VA can claim to take no action, despite having taken action.
Is my heart claim legally considered open? How can they take action on a claim request and not consider it open?
Should I submit the IMO with a supplemental statement of claim or as a supplemental claim?
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Which came first, the chicken or the egg? Or the claim request or the right form? Or when is a claim considered officially open? This is a case of my VSO helping me submit a new claim in April 2019 right after the AMA changes went into effect.