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!

[Pete53]

It has been my experience that what the VA says is not always factual.

[chr49]

It has been my experience that what the VA says is not always factual.

You can say that again!!

[shag]

If I remember right,,,what Detroit said is true. I read somewhere that if an appeal is filed and a new claim for increase comes in,,,the appeal is NOT SUPPOSED to go to the BVA until the other claims have been decided. In addition, if the appeal is gone to the BVA before the claim is filed, your files are SUPPOSED to go back to the original RO until the claim is decided. I think I read that somewhere.....don't remember where...maybe one of the VA training manuals. However, it has been my experience that if a claim comes in and your folder is at the BVA, the new claim will sit dormant until the BVA has made a decision on the appeal. By the by,,,John999 is also correct. If you wait you may lose a better effective (beginning) date fpr your other claims. The catch 22 is that if you file your claims to cover your beginning date, you trade off expediency on your appeal and the claims decision.

Edited October 2, 2010 by shag