hypertension Questions Concerning Reconsideration

[Charleese]

Hi everyone,

Most of you stated that my husband should file a claim for Reconsideration for his claim that was denied on 3/5/09. You also said he should file a TDIU claim as well for his 60% sc left knee condition. As you know we are just waiting for his Primary Doctors report to link his diabetes, mumps, ed, hypertension, etc. to do Reconsideration. That report should be coming any day now. We are also waiting for the VA Doctor who did his C&P exam to amend her report to state: “This Veterans Service Connected Left Knee condition contributed to his fall thus causing injury to his back, neck and side", so we can attach to TDIU form and file.

My questions are:

(1) Should we do the Reconsideration With New Evidence (new evidence being Primary Doctors Report and VA Doctor's amended report about back, neck and side, even though back, neck and side were never included in original increase claim that was denied); or

(2) Should we do Reconsideration without mentioning back, neck and side, and do a separate Increase claim for back, neck and side service connecting them to his left knee condition; (VA doctor has already written in C&P exam that his fall is as least as likely as not because of weakness and locking of left knee.); and

(3) Should TDIU claim be filed at the same time as Increase claim for back, neck and side. We read on another site that say once you file for TDIU, and TDIU is granted that you shouldn't file for an increase of anything else, because if you do you are opening a can of worms and it could cause your TDIU to be taken away. Example: Once he gets TDIU granted and files for an increase for back, neck and side it can open up a can of worms and subject him to future examinations, etc. Is this true?

Thanks in advance for your replies.

[Charleese]

No one knows the answer to these questions.

[Berta]

I hope you realise that we are volunteers here and no one is here 24/7-we all have lives beyond hadit. Another vet here was pressuring for fast answers recently.

I ignored his question.

Suggesting we dont have any answers is pressure for quick answers-

pressure slowwwwwws me way down--

# 1 Yes A Reconsideration reuest must bring up material evidence VA has not addressed properly yet.

# 2

I cannot comprehend any logic to this one-someone else will answer this

#3

I stand firm on all my past relies to this quesion re TDIU filing.

I am tired of repeating myself.

someone else can answer this one.

You are 'advise shopping' on other sites. Nothing wrong with that.But we do not control the advise on other sites.

The VA can question your husband's rating at any stage in the game.

[carlie]

Hadit hasn't sent me a paycheck this year

and I'm all out of answers right now.

carlie

[Meddac]

My questions are:

(1) Should we do the Reconsideration With New Evidence (new evidence being Primary Doctors Report and VA Doctor's amended report about back, neck and side, even though back, neck and side were never included in original increase claim that was denied); or

(2) Should we do Reconsideration without mentioning back, neck and side, and do a separate Increase claim for back, neck and side service connecting them to his left knee condition; (VA doctor has already written in C&P exam that his fall is as least as likely as not because of weakness and locking of left knee.); and

(3) Should TDIU claim be filed at the same time as Increase claim for back, neck and side. We read on another site that say once you file for TDIU, and TDIU is granted that you shouldn't file for an increase of anything else, because if you do you are opening a can of worms and it could cause your TDIU to be taken away. Example: Once he gets TDIU granted and files for an increase for back, neck and side it can open up a can of worms and subject him to future examinations, etc. Is this true?

If you don't file the reconsideration with new evidence, it will get denied or be interpreted as an Appeal.

If and when you do file for reconsideration, you can file for other issues. It will slow it down, but it would preserve your "date of claim".

You can file for TDIU at the same time. Depends on what the examiner says as to whether or not your TDIU gets canned leter down the road.

[Tbird]

Charleese - perhaps you don't realize it, but everyone here including the moderators are volunteers, we have a ton of members but a smaller number of that volunteer to answer questions and do research, they don't have to do this, they do it to help.

if no one answers your question, maybe no one knows the answer or perhaps you have asked the question before and it has been answered. Or maybe they they don't have time, because they haven't gotten to it yet, it can take awhile. Use the search feature to find posts about your topic.

because each and everyone of our members are volunteers, whether they decide to answer or assist with a claim is entirely up to them.

Hi everyone,

Most of you stated that my husband should file a claim for Reconsideration for his claim that was denied on 3/5/09. You also said he should file a TDIU claim as well for his 60% sc left knee condition. As you know we are just waiting for his Primary Doctors report to link his diabetes, mumps, ed, hypertension, etc. to do Reconsideration. That report should be coming any day now. We are also waiting for the VA Doctor who did his C&P exam to amend her report to state: “This Veterans Service Connected Left Knee condition contributed to his fall thus causing injury to his back, neck and side", so we can attach to TDIU form and file.

My questions are:

(1) Should we do the Reconsideration With New Evidence (new evidence being Primary Doctors Report and VA Doctor's amended report about back, neck and side, even though back, neck and side were never included in original increase claim that was denied); or

(2) Should we do Reconsideration without mentioning back, neck and side, and do a separate Increase claim for back, neck and side service connecting them to his left knee condition; (VA doctor has already written in C&P exam that his fall is as least as likely as not because of weakness and locking of left knee.); and

(3) Should TDIU claim be filed at the same time as Increase claim for back, neck and side. We read on another site that say once you file for TDIU, and TDIU is granted that you shouldn't file for an increase of anything else, because if you do you are opening a can of worms and it could cause your TDIU to be taken away. Example: Once he gets TDIU granted and files for an increase for back, neck and side it can open up a can of worms and subject him to future examinations, etc. Is this true?

Thanks in advance for your replies.

[broncovet]

I agree with Medac..and Berta.

Filing for reconsideration without new evidence is like saying, "I want another judge (rater) who is 'easy'"

Also, yes, filing for TDIU while you are requesting reconsideration will slow down your claim but presevere the effective date if/when you win TDIU. IMHO, the reality is that EVERYTHING slows down your claim..

adding more issues, appeals, more evidence, having your c file copied, getting an attorney, the war in Iraq, a new president, Hurricane Katrina, the bad economy, your dog giving birth to puppies.

You need to face the reality that Veterans claims times are measured in Years, not in days. My claim was 7 years and now I have to appeal that to try to get benefits from 7 years ago. (They only went back 2 years).

I figured it up and I got $3.71 per hour to fight for my benefits...you know..multiple C and P exams, 21-4138's , requests for reconsideration, appeals, NOD's, decision letters, VCAA forms, VSO interviews, IRIS inquiries, etc, etc. It appears to me that VA benefits are not benefits, it is a very low paying, frustrating full time job that takes years and years to ever get paid, and most Vets give up and dont get paid.