diabetes Does Submitting New Claims Or Appealing A Claim Put Existing % In Jeopardy

[COOL BREEZE]

I have been quite ill for a spell. Another spell in the hospital with another issue-the big D:Diabetes. I am trying to get back into the flow it on this site.

I have been reading numerous post from the face book page on the DAV . Quite a few veterans think that by submitting new claims or filing an appeal could jeopardize your current %. In other words, I am currently rated at 70%, they could decrease my rating at any time.

The varo could look at this and down grade me? I have a 60% for cardio issues. Don't see how they could determine an improvement with an enlarge heart with a 50 % ventricular.

Also, by submitting new claims or appeals that have nothing to do with the original claim could cause them to review my entire file.

I have an appeal with the local varo going going on since October of 2010. No movement. I don't expect anything to happen there for another 5-10 years or so.

[cssamo]

I had to do a C&P for my previous claims. What I mean: I was 70% for mental. then I put in for sleep apnea. I had to do a C&P for my mental again, and a new one for the apnea.

[COOL BREEZE]

So you got an increase of 10% for apnea? How were they able to connect this to your previous claim?

[meghp0405]

Cool Breeze,

When a veteran submits a claim, he/she is opening their claim in its entirity. I know that there are some veterans that disagree with this, but I can tell you that they do. I inform each veteran that I see, when a veteran submits a claim, one of three things will happen; your disability will increase, stay the same or it could be lowered. Each veteran is different and each has their own set of circumstances.

You stated that you have 50% for cardio issues. If your heart is not getting any better, it would seem to reason that they would keep it the same, but it is va's call. I'll give you an example of what I mean. I submitted a claim for a vietnam veteran for Ischemic Heart Disease. He was initially rated at 60%. After the rating, his condition worsened and surgery was done. The doc's put 4 stents in. After the conveslence period, the va brought him in for a review and lowered his 60% to 10% because his testing showed that his heart was working more efficiently than prior to his surgery.

If you have an ongoing appeal, I would seriously recommend against submitting an additional claim. The only reason, I would submit a claim in this situation, is if the claim was for a condition that met either life of death.

[Chuck75]

I'd second the statement that the VA considers the whole claim as subject to review. It's a pity that the review usually seems to extend only to things that the VA thinks it might be able to reduce. There are things about this that look to be extremely "one sided" and so forth. I'd take the stand that previously denied conditions should be included as well in a review.

Edited January 30, 2013 by Chuck75

[COOL BREEZE]

So how to I contact the VA to disregard the new claim as I am unable to contact them- I have an appeal going on for 3 years for other non related issues that more in likely would affect my current compensation as it is only a NOD. And I guess what you are saying a new clam vs a nod would put me in risk. The VA would have to spend countless exams to exam my heart to see if the ventricular was greater than 50 % to reduce me. I had this done at a heart clinic not the VA.

[Teac]

First, I am so tired of the "scare tatics" that some think The VA employes.

A veteran can request service connection for a new issue and 99.9 % of the time the VA isn't going to relook at any other issue.

Look, the VA can relook at any claim they want to at any time, so if someone is afraid the va is going to reevaluate all their old issues when they request service connection for a new issue... just put the claim in, because the VA will do what they want to do regardless.

Also, if you need to submit a claim, and you have a claim pending ... it is ok to put in the new claim... Remember the when the va awards compensation the effective date is the month after the claim is submitted. If you wait for one claim to come back before you submit another claim, you stand to lose thousands, if not hundreds of dollars in compensation. The worse thing that can happen if you submit another claim before the first one comes back, is the the rating for the first issue is held up until the 2nd issue has been rated, however the va also has been known to issue a rating on one issue before a second issue is decided.

The only other thing I suggest is that if you submit a new claim, to submit all the medical evidence with it at the same time. By submiting the evidence up front, you could save yourself a lot of waiting time......