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Should I Wait To File A New Claim?

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olddude

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I am 70% rated.All of my disability is service related,caused by Agent Orange in Viet Nam.My wife is disabled too.Our disability checks are our only income. I have other claims pending for PTSD,Depression,Carotid Artery Stenosis. I have had these claims in for 10 months now. They are still in gathering information phase. I have GERD and Barrets Esophagus. Are these conditions rateable ?.I have had Barrets Esophagus since 2007. Should I wait for my other claims to be done before I put a claim in for Barrets ? I do not want a new claim to hold up my other claims ,since I have been waiting 10 months already.

I am in pretty good shape for the shape I am in !!

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  • HadIt.com Elder

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I had a rating of 80% and I got an IHD rating of 60% and all I got total was 90% so it is very hard to get to 100% schedular except as a single 100% raing for one disability. I already had TDIU but I wanted to make sure that if I died from heart disease the VA would have to pay my spouse if I did not reach the ten year mark on TDIU. It is very hard to make these decisions when you are broke and waiting for a rating. If your rating is based on psychiatric thing like PTSD and you get 100% working is a problem anyway. If the VA finds out you are working with a 100% for PTSD you will probably lose it. I am using PTSD as an example. If you are getting SSD based on 100% rating from VA you can't really work a substantial job anyway. If you can't work and you have bills to pay many just can't wait for 100% if TDIU is available. I agree with almost all you say except desparate situations require desparate measures.

John

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Hello John,,,, You are right and thats why I wanted to make sure that I clarified, this is an individual decision because each situation is different and thats why I wanted to list it with questions so other veterans here reading this can try and see what possible timeline they may be in. I did not list his PTSD claim also as he had several other claims on hold waiting. And the VA fuzzy math has to be used also like what it did to your claim also.

I think most of us would be "forced" into the TDIU part of the claims process just because of the VA failure to "process" each claim correctly and in a timely period. I just wanted to make sure that each Veteran looks at his or hers claim with a broad scope. I am in a position that TDIU might have to be used if the VA does not accurately adjudicate my claim and the common untimliness of the VA decision process just flat overtakes me. I am hoping that the 100% P and T schedular will be used and not having to use the TDIU road. It is still anybodys guess as to what the VA will do as you are well aware of to what they did to you.

The PTSD award and work issue ,can really hammer a Veteran and his ability to work and the way the VA could and has come back to haunt the Veteran and his award criteria. It is a huge can of worms that I hope I never have to be a part of. Thankfully I have some other issues that will outweigh any PTSD situations with the VA and myself . And I don't mean to shed a light on it that it is not a serious issue but one that may not effect MY ratings or schedulars down the road personally. Each Veteran is a unique part of the claims process and much thought and suggestions from all confidants here among our wonderful family at Hadit, should be considered. Some as you pointed out, are more desparate and dealing with the "time is of the essence" situation. Thanks again John for pointing this out. With each thought and each decision every veteran should remember to .....NEVER GIVE UP. God Bless, C.C.

Edited by Capt.Contaminate
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  • HadIt.com Elder

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You have been waiting a pretty long time haven't you? Imagine waiting for two years without a paycheck just to get TDIU much less 100% schedular. I could have waited until hell froze over because I had SSD, disability insurance and civil service disability retirement. However, I knew I was never going back to work so what the heck. I deserved the 100%, but I did not want another C&P exam for mental health. I am too calm so these VA doctors always think I am just fine.

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Hello John,,,,, Yes , I have been waiting for a long time .......... 5yrs for most of my claims.....with NODs since 2009 , and no service connection. Now facing Pulmonary Hypertension and the Heart and Lung transplant situation to go along with IHD, PN, IBD, and a list of other claims that are secondary , including depression and anxiety from pain and problems with Immune System and seeing VA Rheumatologist to help...... Yes trying to work but it is an uphill battle to try and stay in the workforce being self employed.

The VA still is demanding payment for CO_Pays for all of the treatment and drugs...... I wonder how they will feel on the copays if I go with the transplants. HHHmmmm I am trying to live long enough to run the bill up to 2 million. Went over a million June 2010 so its all about the money for sure. NEVER GIVE UP.... God Bless, C.C.

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