hypertension Waiting On My Claim For Increase

[stillhere]

I started a claim back in Aril 07 for and increase for my heart condition first off. When I sent in my supporting letter I also added PN getting worse and in hands and also asking to get my hypertension that is secondary to my diabetes rated. When I got the two page decision letter in Dec.07 they only addressd the heart condition! I waited until Feb.08 and got a meeting with a new VSO and we together filed a support statment asking why the other issues were not addreesed and also added my reopening of hearing loss and tinnititus and also sleep apena. I got a notice for a C&P for the DB2 and the hypertension but never recieved anything on the hearing loss or sleep apena.

I sent them an iris and they said they were working my claim for those two also and have given them a date of March 6,08. Anyhow it is now June and still no word on a C&P and of course no decision. They stated it could take up to a year. Will they rate everything together at one time?

Thanks for any insight you guys and dolls would like to share.

As always, Goodluck with your claims, Stillhere

[Pete53]

Good Luck

If you have to wait much longer you might consider a Writ of Mandamus.

[Berta]

I forget and bet I asked you before- if you are not working have you applied for TDIU?-

also not being able to use your hands due to PN is a critical factor for even a SSA claim- have you applied for SSA too?

Loss os use of function of the fingers can prevent a person from working.

[stillhere]

Hey Berta and Pete, Thanks for the replies, the hand thing just came up and if I had to rate it I would say minor for now but it is on going and comes and goes. Berta, I am in sales and yes still working at the present time but have to ask my boss if I am going to continue. HA HA!

I guess the main question was is would they just rate everything at the same time or rate the first issues that I applied for in April 07 and then the issues of Mar.08?

The other thing is will the VA rate the first issues back to April 07 or March 08?

Thanks for the help.

Edited May 29, 2008 by stillhere

[Ron II]

I added claims for additional disabilities at different times after my claim was re-opened. In my case, the VA waited until a determination could be made in all claims/disabilities before they issued

their determination and SOC. The added-on claims did not have separate claim numbers.

Based on the information included in your post, it sounds like the hand pain and hypertension would be retro (if approved) to the date you included those claims in your "primary claim."

Ron

[Ricky]

Hey Berta and Pete, Thanks for the replies, the hand thing just came up and if I had to rate it I would say minor for now but it is on going and comes and goes. Berta, I am in sales and yes still working at the present time but have to ask my boss if I am going to continue. HA HA!

I guess the main question was is would they just rate everything at the same time or rate the first issues that I applied for in April 07 and then the issues of Mar.08?

The other thing is will the VA rate the first issues back to April 07 or March 08?

Thanks for the help.

Still - it is hard to say what the Va will do. However, they will normally try to rate all at the same time. If unable to do so and they expect a large delay in the development in the other issues, they will normally rate what they can and defer the other issues.

As to the effective date. Effective dates are strange at times. As we all know the rule is date of the claim or date entitlement arose (evidence showed disability). If you provided medical evidence showing an increase of an already service connected disability you will be able to obtain a effective date as of the date the evidence shows the increase. For the new issues it is basically the same ie..... if you provided the results of a sleep study showing the sleep apnea along with a supporting opinion that it is connected to your service somehow and win with that evidence then you should be able to win an effective date of the date the claim was submitted. However, if you simply sent in a letter saying I have sleep apnea etc..... then it will more than likely be the date of the C&P that establishes the existance of the disability. Hope this is understandable and helps you.

Edited May 30, 2008 by Ricky

[stillhere]

thanks Ron, Ricky, I guess that explains it a little better. I may have to wait and see how the VA sees this, it is their game after all and they have the ball in their court.

Thanks Again