Legal Question

[Papa]

I have a claim that a Lawyer is working for me. I would like to put in another claim, but do not want the new claim to affect the one that the Lawyer is working for me. Can one claim hinder or affect another claim? The Lawyer's staff is willing to look at my new claim and submit it for me, but they generally do not get involved until it reaches the appeals process. Your thoughts.

Papa

[broncovet]

This question has been asked before, and, there is wide differences of opinion on this. My view is that if you delay putting your claim in, you are hurting your effective date. However, since the VA has just one paper file of your claim, pretty much it doesnt get worked on by several people at once and something is going to get held up. However, the Va does not need multiple claims to delay you, they seem to be experts at delays with/without our help.

I think it depends on the claims. For example if you have a claim in for IU, and you are considering filing a new claim for sleep apnea and you are not on a CPAP, I would suggest waiting. That is, keep the 100% claim going, and put the much lower percentage claim "on hold".

I say, "go for the money". I would not jeaprodize an IU claim for something like tinnitus that can only get you 10%. On the other hand, if you have a tinnitus claim in, then dont hesitate to file for IU, if applicable.

[jerrbilly]

I wouldn't get the lawyer involved unless you have to appeal it. That is, if this is a new claim and not part of your appeal.

I have a claim that a Lawyer is working for me. I would like to put in another claim, but do not want the new claim to affect the one that the Lawyer is working for me. Can one claim hinder or affect another claim? The Lawyer's staff is willing to look at my new claim and submit it for me, but they generally do not get involved until it reaches the appeals process. Your thoughts.

Papa

[Teac]

Everyone has an opinion on this subject and the question has been asked in many different ways...

My experience is .. if you have a claim put it in. I have many times submitted claims while having anther claim pending.. I don't think it slows the process for any claim. Fact is I have a 1151 claim that has been in the system for 15 months, and I put in a CUE claim concerning housebound about 2 months ago... Don't hold a claim up you lose compensation, this is because the effective date is what starts any payment.

I don't care if you have a claim for TDIU pending and decide to put in a claim tinnitis, both claims are important and both will be worked on in the order received.

[Testvet]

I have a claim that a Lawyer is working for me. I would like to put in another claim, but do not want the new claim to affect the one that the Lawyer is working for me. Can one claim hinder or affect another claim? The Lawyer's staff is willing to look at my new claim and submit it for me, but they generally do not get involved until it reaches the appeals process. Your thoughts.

Papa

my lawyer told me that I was not to file anything to the VARO without her seeing it and she submitting it, while we might not think it matters, it can and possible even derail the work they have already done, they think it's BVA ready and now here comes some new papers that derails it from BVA while the RO works the new claim into the system and the lawyer is going WTH just happened it is your claim but when you hire an attorney it is best to tell them everything before you do it just my 2 cents

[pacmanx1]

This question has been asked before, and, there is wide differences of opinion on this. My view is that if you delay putting your claim in, you are hurting your effective date. However, since the VA has just one paper file of your claim, pretty much it doesnt get worked on by several people at once and something is going to get held up. However, the Va does not need multiple claims to delay you, they seem to be experts at delays with/without our help.

I think it depends on the claims. For example if you have a claim in for IU, and you are considering filing a new claim for sleep apnea and you are not on a CPAP, I would suggest waiting. That is, keep the 100% claim going, and put the much lower percentage claim "on hold".

I say, "go for the money". I would not jeaprodize an IU claim for something like tinnitus that can only get you 10%. On the other hand, if you have a tinnitus claim in, then dont hesitate to file for IU, if applicable.

It really depends on the situation, if you are in the process of filing an appeal that could take several years to be processed then go ahead an open the new claim if it does not relate to the claim that you are appealing. Lawyers want as much money as they can get but they should not be involved with a claim until after a decision has been made.

Broncovet, Sorry bad example, keep in mind that the process of appealing a claim could take several years. If a veteran has a diagnosis of sleep apnea and not using a CPAP Machine, get the machine and then file for service connection. Sleep apnea can cause a stroke, heart attack, HBP, heart disease and death. VA can process an appeal claim and a new claim by creating a temporary folder for the new claim. VA would just have to contact the BVA for the records that pertain to the new issues and then combine the folders when a decision is made. Never put a life threatening claim on hold.

If I am wrong I am sure I will be corrected.

[billy2]

Papa,

I can talk from my own experiance not the law. I have had multiple claims submitted at different times. I put in a claim for PTSD and IU while I was waiting for a claim on CAD(now IHD). I got the PTSD, the IU was denied and the IHD one is still pending. I was worried that the IHD would hold up the PTSD but it didn't.

Bill