Should I Put In For Increase?

[john6012]

I have 10% on my back and 10% for each shoulder and 10% for the ankle. All are bothering me but I have a case pending for depression. I'm doing ok with the pain and recently I've had muscle spasms and they gave me Flexeril and a TENS unit and I am waking up with shoulder pains (I can't lay on either side nor on my stomach for very long without having considerable pain that prevents me from sleeping. Moreover, my ankle is worse that it ever has been. Should I let it rest and wait until the other claim is decided or get with an SO and reopen my c-file? Thanks

[Jay Johnson]

As I tell just about everyone - get some IMOs and go from there. If you get enough evidence to make your case for an increase then go for it, otherwise it may just be another headache. However, in your case, you are fairly low on the totem pole (so to speak), so there's not much else to do but go up. In this case, you may want to just go with the typical C&P deal and see what you can get.

[mobie16r]

John

I see you are service connected 70%,if you are not working, you should put in for uneployability but if you are, and if it was me and i had a claim in for depression i probably would wait and see how it come out,the reason sometimes it take long when you put in new claim.mobie

[Vike17]

John6012,

If you have a claim pending for depression and you file another claim (in this case an increase), it may slow down the first one. Having said that, a claim for an increase doesn't require the amount of development an initial claim does. The only thing the VA is looking for is medical records since your last C&P exam/rating decision. You do not need an IMO for a claim for an increase. So, if I were you I would go ahead and file the claim for increase to protect the earliest effective date.

I would also enclose all the private treatment records of your disability(ies) that you want an increase for since your last C&P exam, or if you were seen at the VAMC, just let the RO know which one and they will obtain them under the "Duty to Assist."

I would want the VA to work the claims for an increase together with the new claim for depression. In the long run it will save time on submitting claims and C&P exams, and you have protected the effective date.

Vike 17

[Jay Johnson]

Vike is right; you don't "need" an IMO, but I always prefer them because you have more control over the process that way. You can review the IMO before submitting it and shop around until you find an IMO that best represents what you think your symptoms are (and, no, that doesn't mean buy a favorbale decision...it means finding a doctor that words things most appropriately for a VA case).

But, you can go with your VA records; the only down side is that you can't take back what they write...it only takes one doctor being a jerk to make life difficult in VA terms.

Edited May 9, 2007 by Jay Johnson

[john6012]

I have 10% on my back and 10% for each shoulder and 10% for the ankle. All are bothering me but I have a case pending for depression. I'm doing ok with the pain and recently I've had muscle spasms and they gave me Flexeril and a TENS unit and I am waking up with shoulder pains (I can't lay on either side nor on my stomach for very long without having considerable pain that prevents me from sleeping. Moreover, my ankle is worse that it ever has been. Should I let it rest and wait until the other claim is decided or get with an SO and reopen my c-file? Thanks

I guess it settled, I just rec'd a letter fromt he VA and they are going to reevaluate me on all my SC conditions. Since they've gotten worse over the past 15-20 years I'm not really worried. Thanks for your inputs, John

[john6012]

I rec'd word the other day that I am increased service connected to 100% based on "PTSD" and previous service connected items. I do not know the exact evaluation as of yet because I haven't rec'd the individual listings. All I rec'd was the letter signed by two individuals. I feel guilty because there are others worse off but yet they evaluated ME. I guess I am worse off than I thought, I shudder to think of receiving the "itemization" of defects. Now I don't have to pay property taxes, have a tax exemption card and can leave something to my wife if something happens to me. (It will, it happens to everyone.) Thanks for all your inputs, some were vaguely negative and some were positive but all were taken into account for the final talley. I'm nuttier than I thought and tomorrow go to see a PTSD counsellor for my initial meeting. I wish I were "normal" but exactly what is normal? God bless!