diabetes Iris Response

[stillhere]

The question has been asked many times on Hadit and other boards as to how RO handle multi claims. This Iris response addresses this question fairly well.

IRIS RESPONSE:

We also show your October 19, 2009, claim for increase seeking an earlier effective date for cardiac arterial disease open at the Roanoke RO. VA must hold all claims regarding B cell leukemias, Parkinson’s disease, and ischemic heart disease until final regulations are accepted, published, and the final review process is completed. The final regulation (38 CFR 3.309(e)) was published August 31, 2010. The regulation is now under a 60-day period where Congress is able to review the regulation and decide whether to grant final approval to the regulation.

Until final regulations have been approved, VA cannot grant benefits. Once the regulations are final, VA will process the claims on a priority basis, but we cannot determine the exact length of time the review will take. No claims regarding these new Agent Orange presumptive conditions have been completed.

You will be notified by letter when your claim is completed. We appreciate your patience and understanding as we continue to work our way through the legal requirements in processing your claim. You will receive notification via U.S. mail once your claim has been finalized. Your notification letter will explain our decision in detail.

We also show your August 30, 2010, claim for increase regarding acid reflux and anemia, both secondary to diabetes mellitus type II open and in the early stages of processing at the RO. The RO is in the process of gathering information regarding this claim.

It is very difficult to process an appeal and a claim at the same time. The file has to transfer between the appeals team and the pre-determination team. Often times claims are delayed due to an open appeal. Please be assured that VA is working as quickly as possible to make fair determinations on your appeal and your current claims.

You may consult or hire an attorney at any stage in the claims or appeals process. Please note, VA processes claims and appeals in date order.

Thank you for your honorable service to our country.

The above pretty much shows that having an appeal and a claim at the same time is not good for a speedy resolution.

In conclusion it is always better to finish with a claim and then do an appeal rather than pile on two or three different scenarios at one time. I would recommend that all vets WAIT until one is finished before filing another especially if time is a factor. I understand the vet may lose a few months of comp but if time is of the essence I would recommend to wait.

Good Luck to all for your claims!

[justrluk]

still -

I suspected as much. I've read pieces of this in the forums and contacted my VSO as I'm in the same boat. The claims are developed, but still not completed. I assume it's because of the appeal in the works for different issues? This really bites for vets. Since the appeal process takes SO LONG, I guess it will be years before I hear anything on the two requests for increase?? What a system...

[71M10]

What's better yet is Detroit will tell you that they can't work the appeal until the new claims are done.

A couple of weeks later they tell me "your claims are taking more time because they are also working on an appeal".

When I showed them both pieces of paper they seemed to not want to discuss it any further.....silence.

Best regards,

Tyler

36 days since they say a decision was made on my claim. My what a long notification phase.....are they still using IBM Selectrics or herdsmen with stones and a chisel?

[john999]

The thing is if you have a new claim like SMC while you have an appeal going you need to send in the SMC claim to establish and effective date. If you wait until an appeal is resolved for some other claim it could cost you many thousands of bucks. The VA may not do anything with the new claim but you at least establish your EED.

[justrluk]

john -

Granted, but I would have waited on my appeal if I had known this. The other claims (one, if rated at maximum which I think it could) and another 30% would put me at 100% Schedular. The appeal really won't affect my overall rating if the other two are waiting in the wings. I've had all my C&Ps, documents sent in, etc. Just in a holding pattern...

[stillhere]

I agree with John to a point on submitting a claim to get your EED. But again if time is maximum and you want to get it done speedier I would wait. It is a damn shame the VA can not chew gum and walk!

[71M10]

To some extent I think it is also important to weigh how serious of a medical condition it is.

When I found out my heart was enlarged I filed right away, even though I had an appeal in process.

Best regards,

Tyler