New claims while waiting out appeals.

[Andyman73]

Question for you smart folks.  Do you recommend I wait to file new claims till after my appeals play out? That would mean waiting 3-5 years before filing new claims, right?  I am looking at filing for SI joint pain, secondary to other issues as noted by my pain management doctor at my VAMC.  I have been in treatment for this almost a year now, did PT, got pain mediating injections, now getting bent by chiropractor, got appointment scheduled to try accupuncture..as well.  All this at my VAMC.

Also looking to file for breathing issues as related to chronic sinus problems..which started shortly after reporting to my first duty station...just loved breathing aircraft exhaust every day.

Thanks,

Andy

[Buck52]

Andyman

I 'm not one of the smart folks

but if I was going to file on another claim and I had claims in Appeals.

I would file a new claim with the FDC program...submit all my evidence and then say that's it  this is all the evidence I have for this claim and let  the VA figured it out....

the only thing is  if what you send in as evidence  & the VA can't decide (for their crazy reasons) this claim will be put back to traditional claim status.

Its just a crap shoot because we never know what they will do as for as a decision.  usually when  the veteran has well grounded evidence in his favor  its hard for them to deny!

 when you send in a FDC  get ALL your evidence and even let them know where your medical records are.

 hi-lite your crucial evidence for them to read that will substantiate  your claim.

GO OVER IT IT FEW TIMES and then hit send and hope for the best.

http://www.benefits.va.gov/FDC/checklist.asp

you may get different opinions on this  ...this is just what I would do if it was me.

Remember:

§4.6   Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

 

Edited November 8, 2016 by Buck52

[Buck52]

http://www.benefits.va.gov/fdc/

[Andyman73]

Okay, that's what I was hoping to hear, Buck.  I'm getting so dang tired of this seemingly endless cycle of sinus infections and irritation. I know I went for treatment a few times while in service.  Also URIs and pneumonia as well.  And have been dealing with it ever since.  I'm going to make an appointment with an ENT specialist to get an official DX, and hopefully get a good IMO/IME nexus too.

I'm sure breathing exhaust fumes from T-56 powered KC-130s and everything else in the Marine Airwing, did nothing to alleviate my sinus situation.

Andy

[Andyman73]

Welp...got a call into an ENT specialist's office.  They want to get my records from my family dr. and see what's what.  Booked out till January sometime, so no rush there.  Should I go ahead and file an "intent to file" ?

[broncovet]

I asked my attorney a similar question a few months ago.  She suggested I go ahead and file for additional benefits

(while appealing) AS LONG AS I have documented the applicable CALuza elements of current diagnosis, in service event, and nexus.  

I followed her advice.  

Its kind of the age old problem:  YOu have a diagnois, you have an in service event, but no doc has given you a nexus.  So, you file, and hopefully you will get VA to order a C and P exam, and, hopefully, that doc will provide said nexus.  

Its one of those "theory vs practice".  In theory, your C and P examiner will provide said nexus.  In practice, that rarely happens, because the VA hires your doc, and lets them know that they dont like it when the doc provides too many Nexus.  

I think the way to solve this is for the VEtran to simply ask the doc:

"Do you think this (your diagnosis) is related to xx event in military service?"

Wait for an answer.  

If the doc says, "Yes", then ask him to document that in your records.  

If the doc says, "no", then its ok to ask him why he presumes its not related to service.

If he says something else, such as he is not sure, then explain that you need something difinitive, one way or the other.  

If you get a no or a maybe, then you can either try another VA doc, or try to get an IME/IMO.  

If you dont have all 3 legs of the Caluza triangle, then you dont get benefits.  

[Buck52]

I wish the VA would just let us all go to a private Dr & they pay the Bill

It seems so Ironic  that the VA has there own D'rs to examine/treat us  and when we say that happen in military  nothing is mention about a claim, but most of us file  and when we do for some of us we have to use and rely on the VA Dr's

some times if a veteran can pay it smart it helps in a claim

By asking questions during your examination  but never mention a claim, as broncovet points out...ask    about your contention/disability  Do you think this could be service related  and see what answers you get,   if maybe or yeah possibly  then ask the Dr to  state his opinion for the records..never mention a claim never. 

Some VA Dr will not fill out a DBQ  because they been told by the VA Not to...although on the DBQ it says to be filled out by a VA Dr

I had a VA Doc refuse to fill one out after I showed this to her  she said ''its not my job''.

so be smart during all your exams..just ask your questions in a way that they have to come back with a favorable answer..but there is no guarantee that this will be what they put in their notes.

I had mention to  VA PCP one time about my arthritics in both my knees,, I ask the Dr   Dr do you think my arthrisic is caused by me falling off a duce&half Military truck bumper on a cement floor one time while I was in the military that badly bruised both knees?...she said no its very doubtful...I just said oh...I never mention a claim to this Dr.

She put in the notes Veteran ask about his arthritics in both his knees if it is/can be military related injury?  I told the veteran no ...this veteran was fishing for me to service connect his arthritis  for a compensation claim and I stated to this veteran his arthritics was not military related   veteran claims he fell off a military vehicle.And ask if his arthritics could be military related I said no it can't.

Again I never mention anything about a claim   I merely ask her if my arthritis in my knees could have been the results of me falling off the Duce & Half military truck badly bruised my knees....could this have caused my arthritics today?

These Dr will say anything  to cover there ass and a lot of the things they say is a total lie

If I had known then what I know now  I'd have both my knees service connected....even without military medical records   b/c this happen while in Vietnam and I never went to the Dr about it  I just suffered through it ,  so no military medical documentation  but I could have got it service connected and possible a rating  but I never filed for it.

I believe to this day this is the reason why I have arthritis in both my knees.

The VA thinks they can play God over our injures and diseases   and its up to them if were compensated for it or not.

Thousands of veterans never reported Injurys or illines that happen to them while in military  why? because most of us  just sucked it up and kept doing what we were order to do and do it proudly  and this is the end results we all get for it.

Edited November 10, 2016 by Buck52