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.

[deanbrt]

I don'rt know what to say. I hope your posting does not come back to haunt you....

[john999]

The VA has 900,000 claims in the system and a lot more coming every day. It is my guess that every OIF/OEF vet is going to file a claim one day. Aging RVN vets with DMII and IHD will be filing. I don't think the VA does have time to readjudicate my seven claims if I file a new one next week. A TDIU claim is almost impossible to be reduced unless the vet has gone back to work full time. I have heard of 100% vets who suffer from mental conditions getting reuced due to their dumb actions of telling the VA they feel much better. I knew such a vet. When he found out what his big mouth had done he filed an appeal and got his 100% back after about a year. You need to use common sense when you file a new claim or for an increase. If you are getting 70% for PTSD and working at a decent job full time and have a decent home life it is probably not a good idea to file that PTSD increase. However, if youi are homeless and jobless it is a good idea especially if you have a recent hospitalization. I had eight claims granted after I got TDIU back in 2002 including P&T, a claim for an EED, and two SMC claims.

John

[Teac]

I don'rt know what to say. I hope your posting does not come back to haunt you....

I'm past my 20 years for most claims.. but even so... I have nothing to worry about because all my claims are valid, and that is the key... no veteran should be worried if they are not trying to get over......

[carlie]

I'm past my 20 years for most claims.. but even so... I have nothing to worry about because all my claims are valid, and that is the key... no veteran should be worried if they are not trying to get over......

We don't condone submitting and or prosecuting any claims that aren't "valid"

or any claimant "trying to get over" .

The whole jest of this thread by the OP, is getting a bit tangled up.

The original concern of the OP -

"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."

has been replied to with varying opinions.

Bottom line is always that if medical evidence shows improvement VBA can certainly propose to reduce,

just that plain and simple - now whether they do it or not, would be up to them and then the vet can fight it if needed.

This is of course barring protection regs that cover the condition.

We can speculate yea or nea all we want - but if we want veterans and VBA claimants to be prepared

I find it best to include preparation for worse case scenario.

If the claims process ran as smoothly as some like to illude it does - - -

then there would be no need for any of us to be here.

JMHO

[COOL BREEZE]

After much thought on this subject and by reading the pro's and cons, I filed an IRIS request to remove the claim. I will resubmit later after this current NOD which has many complex under and non rated issues. The response stated they will accept this to remove and notify the appropriate dept..

Recently you requested assistance from VA. Below is a summary of your request and our response.

This is in response to your inquiry to the Department of Veterans Affairs (VA) dated January 31, 2013.

Thank you for your service to our country.

At this time, we are asking your regional office (RO) in Phoenix to accept your inquiry as your 21-4138, Statement in Support of Claim, to cancel your current claim. Therefore, we have forwarded this request to your RO. The RO will review your file for the claim and take the appropriate action to cancel your claim.

We received your Notice of Disagreement (NOD) on October 6, 2010. You elected a review by a decision review officer (DRO). Right now, your appeal is awaiting that review.

If we need additional information, we will notify you. If we do not need any additional information, the DRO will render a decision, and you will receive written notification.

The processing of an NOD averages about 458 days. The length of time it takes to process your NOD depends on the specifics of your case and VA’s pending workload.

Please be advised, you can check the status of appeals, compensation, and pension claims, request letters, add dependents, update direct deposit and change of address through the eBenefits portal. This is a joint Department of Defense (DOD) and VA service that provides resources and self service capabilities to service-members, Veterans, their families, and caregivers.

Because eBenefits gives you access to your own personal information we must protect your privacy and your confidential information. We offer two levels of access: Basic and Premium. Additional information about eBenefits and the enrollment process can be found online at:

https://www.ebenefits.va.gov/ebenefits-portal/ebenefits.portal.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,

C. Boyd
National IRIS Response Center Manager
www.ebenefits.va.gov

By phone:
(800) 827-1000
Telecommunications Device for the Deaf (TDD) 711

By fax: (602) 627-3035

By letter:
U.S. Department of Veterans Affairs
Phoenix VA Regional Office
3333 N. Central Ave.
Phoenix, AZ 85012

Edited February 6, 2013 by COOL BREEZE

[buckeye46]

Hopefully this is the right area to ask my question. I have been rated 80% for several years, with 60% for IHD and 60% for Prostate Cancer residuals. I was rated 100% TDIU about three years ago. I was informed by the VA recently that I now have diabetes which will require medication to treat. From the many postings I've read, I believe I fall in the 20% category for the Diabetes, which would push me to 90% total disabily, and 100% for TDIU. I asked my DAV rep and he said that I shouldn't apply for an increase in rating for it due to the possibility of getting lowered elsewhere. I don't believe it would change anything money wise, but I would like it in my records just in case something happens due to Diabetes. The VA found the Diabetes, so it is documented in my file. Would it be best to actually file a claim to include it, or leave well enough alone? This is all Agent Orange related. Thanks!