Appeals And New Claims

[KennyJ]

Why is it when you have appeals and new claims on file that they must work the appeals and the new claims completely together before closing out issues..Or do they have to do this . Varo says this is how the system works?[/

[Guest Jim S.]

The answer should be no, But this is probably the VA's idea of using their resources in the best way they can.

Or it could be a canned answer to your inquiry, instead of telling you your claim, either one or the other, is sitting in, on, or under a stack of other claims, waiting to be worked on.

[Guest Berta]

The answer should be no, But this is probably the VA's idea of using their resources in the best way they can.

Or it could be a canned answer to your inquiry, instead of telling you your claim, either one or the other, is sitting in, on, or under a stack of other claims, waiting to be worked on.

<{POST_SNAPBACK}>

Sometimes a new claim can make an appeal moot.

and vice versa-

Say a vet for many many years has tried to get heart disease sced as secondary to his 50% PTSD and has appealed it. But then say the veteran in 2003 is diagnosed with diabetes mellitus and finds his heart disease is directly associated to his Diabetes -let's say he is a Vietnam incountry vet.

He files for SC due to DMII due to AO and asks for the heart disease to be rated as secondary to DMII. The VA might feel the heart to DMII newer claim is most

probative and award DMII and SC on the heart disease that way, and then ask the vet if they are willing to drop the appeal.

BUT- say the vet has gotten a good strong IMO that SCs the heart disease to his PTSD. In this case if I were the vet I would tell the VARO to decide the appeal based on the IMO-re: PTSD to heart.

He would still keep his DMII SC and yet the retro due to the appealed issue would be more money if the heart is sced to the PTSD,going back to the date of that specific claim.

I just wondered something- did all that make sense?

[KennyJ]

Sometimes a new claim can make an appeal moot.

and vice versa-

Say a vet for many many years has tried to get heart disease sced as secondary to his 50% PTSD and has appealed it. But then say the veteran in 2003 is diagnosed with diabetes mellitus and finds his heart disease is directly associated to his Diabetes -let's say he is a Vietnam incountry vet.

He files for SC due to DMII due to AO and asks for the heart disease to be rated as secondary to DMII. The VA might feel the heart to DMII newer claim is most

probative and award DMII and SC on the heart disease that way, and then ask the vet if they are willing to drop the appeal.

BUT- say the vet has gotten a good strong IMO that SCs the heart disease to his PTSD. In this case if I were the vet I would tell the VARO to decide the appeal based on the IMO-re: PTSD to heart.

He would still keep his DMII SC and yet the retro due to the appealed issue would be more money if the heart is sced to the PTSD,going back to the date of that specific claim.

I just wondered something- did all that make sense?

<{POST_SNAPBACK}>

[KennyJ]

Yes it made very good sense thanks to all. I just have to wait a little longer.

[Guest Susan S]

It made excellent sense, Berta...as usual. Great advice.

--Susan

[Alex]

Kenny --

VA does not have to work new claims simultaneously with applealed ones but can do with the new claim by a "deferred rating decision" that will permit them to gather evidence while thj appeal progresses on the other claim.

Alex