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.

[meghp0405]

Teac,

got to disagree with you in so many ways!! Where do you obtain your information that "99.9% of the time va will not look at your other issues" That statement is totally wrong!

When a veteran submits a claim, they are opening their claim in it's entirity. I review any where from 60-90 rating decisions a month. I can tell you with a 100% certainity, the claim is reviewed in its entirity. I have seen % lowered due to this.

If a veteran has a pending claim and the veteran submits an additional claim, the pending claim goes back to the development phase and meets up with the new claim, then they begin the process all over.

[Chuck75]

One exception might be a Nehmer related award. It might be argued that such an award should require a court review for a significant change.

[Teac]

Teac,

got to disagree with you in so many ways!! Where do you obtain your information that "99.9% of the time va will not look at your other issues" That statement is totally wrong!

When a veteran submits a claim, they are opening their claim in it's entirity. I review any where from 60-90 rating decisions a month. I can tell you with a 100% certainity, the claim is reviewed in its entirity. I have seen % lowered due to this.

If a veteran has a pending claim and the veteran submits an additional claim, the pending claim goes back to the development phase and meets up with the new claim, then they begin the process all over.

Well you can disagree all you want, were all free to express an opinion,

I was a DAV Service officer for some time, I submited many claims over that time, and I have been dealing with the va since 1986 in one way or another.. In all that time I have never seen or do I know of any veteran that received a reduction based on them placing a new claim for a new issue.... Frankly the VA doesn't have the manpower or time to do as you suggest. The only time any old claim is reviewed is when the veteran request it... I never said a claims file won't be reviewed, quite the opposite.. I said the va can review a file anytime thay want.. but that doesn't mean for one minute they are looking to reduce a claim.... and they just don't do it on a whim... it takes a lot of evidence to reduce a claim.

As i said , many times the va will rate a claim and continue working on another.. In my own case this has happened a few times in the last 26 years. That doesn't mean that all claims are held up because someone submits another claim, and it doesn't me that all claims are processed seperately either. I think it depends a lot on the rater, the claim, the evidence and the Regional office. Since I have dealt with 6 or 7 regional offices I have seen it all ways... you would think the va would follow a set standard but we all know they don't, and that is another reason why there are so many appeals, remands and claims that make it the the courts..

Just recently, a very good friend of mine had his claim come back at 90% with TDIU.. and he also had an appointment for a C/P this Past Tuesday, he was concerned. Today he called me and indicated that the RO had requested a c/p exam as a way to look to give him a 100% rating and A&A. According to my friend the doctor indicated he should be rated 200%.. so this is a good indicatation that he will receive another increase.... This is one instance were his claim files was totally reviewed, but based on the TDIU claim he asked for it.

I don't know why you say you are reviewing 60-90 claims a month...and I don't know what your are looking for when you review a file, however, unless your a rater you may have some inside information that I am not aware of....

There are very few reasons ( that I am aware of) to review a complete claims file if a veteran submits a new issue.. For example if a veteran is rated for asthma and then submits a claim for COPD that would be a good reason to review the old asthma related claim.. However if a veteran submits a claim for hemorrhods and there is nothing in the past that was rated that could lead to hemorrhoiods then why whould a rater waste time reviewing the entire file.

Over the years I have submitted so many personnal claims 48 was my last count... and not once was any of my disabilities ever reviewed unless I requested a review. And many more times people told me exactly as you have said.. Don't put a new claim in unless it concerns a life threating issue, or until your old claim comes back. I am here to tell you if I listened to guys like you.. my claim for A&A, Housing grant, auto grant and a host of other issues would have never been awarded

Now maybe I am a lucky cuss.. but many of my claim actions were appeals, of which I have won 2 cue cases, and a number of de novo appeals, as well as a claim that went to the BVA so again maybe I am lucky..

Now I do have a very good friend that worked for the VA at Fort Bragg, that retired a few years back... at he and I spoke quite a bit... he said he could not help laughing at some of the horror stories, another good friend works in that office also as a DAV represenative.. he has seen way more than me since I have been out of the business for a while, but from what he tells me.. the don't have the time to relook at each and every file when a new claim hits the desk.

Technically, you are correct when a claim is submitted by a veteran and that veteran has placed claims in the past ( and that includes any action disability claim or not), the claim is considered re-opened by the VA. On its face.... that is misleading.. Most Veterans consider a re-opened claim that is really a claim that has been rated in the past and the vet is looking for a higher rating, a new claim is one where a veteran has never placed a claim on a specific issue.

I am voicing an opinion based on my 26 years experience dealing with the va first as a veteran, and then as a veterans advocate... I doubt I have all the answers and I doubt I have seen all the issues.... but I just the same I think I have a good understanding of what happends.......and although I have no reference to cite, I doubt you have any either..... but I've been wrong before....

I stand by my opinion 99.9 % of all claims will never be re-evaluated based on someone claiming a new medical issue.

If a veteran submits a valid claim he should not be afraid that he/she will lose any rating that was already awarded.. and I know from first hand experience that your kind of advice scares veterans, and some never put the claim in because of that type of advice.... For a while I even beleived this garbage, until I learned otherwise.. and realized that I was scaring veterans too..

Finally, what do you tell a veteran when one approaches you and tells you he took your advice and waited to put a claim in... and then he tells you that he lost two or there years of compensation because of what you told him....

I think we will just have to agree to disagree..

Edited February 1, 2013 by Teac

[deanbrt]

"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."

I agree with Meg. Pigs get fat. Hogs get slaughtered. You have to go with your heart.....

[Papa]

Well you can disagree all you want, were all free to express an opinion,

I was a DAV Service officer for some time, I submited many claims over that time, and I have been dealing with the va since 1986 in one way or another.. In all that time I have never seen or do I know of any veteran that received a reduction based on them placing a new claim for a new issue.... Frankly the VA doesn't have the manpower or time to do as you suggest. The only time any old claim is reviewed is when the veteran request it... I never said a claims file won't be reviewed, quite the opposite.. I said the va can review a file anytime thay want.. but that doesn't mean for one minute they are looking to reduce a claim.... and they just don't do it on a whim... it takes a lot of evidence to reduce a claim.

As i said , many times the va will rate a claim and continue working on another.. In my own case this has happened a few times in the last 26 years. That doesn't mean that all claims are held up because someone submits another claim, and it doesn't me that all claims are processed seperately either. I think it depends a lot on the rater, the claim, the evidence and the Regional office. Since I have dealt with 6 or 7 regional offices I have seen it all ways... you would think the va would follow a set standard but we all know they don't, and that is another reason why there are so many appeals, remands and claims that make it the the courts..

Just recently, a very good friend of mine had his claim come back at 90% with TDIU.. and he also had an appointment for a C/P this Past Tuesday, he was concerned. Today he called me and indicated that the RO had requested a c/p exam as a way to look to give him a 100% rating and A&A. According to my friend the doctor indicated he should be rated 200%.. so this is a good indicatation that he will receive another increase.... This is one instance were his claim files was totally reviewed, but based on the TDIU claim he asked for it.

I don't know why you say you are reviewing 60-90 claims a month...and I don't know what your are looking for when you review a file, however, unless your a rater you may have some inside information that I am not aware of....

There are very few reasons ( that I am aware of) to review a complete claims file if a veteran submits a new issue.. For example if a veteran is rated for asthma and then submits a claim for COPD that would be a good reason to review the old asthma related claim.. However if a veteran submits a claim for hemorrhods and there is nothing in the past that was rated that could lead to hemorrhoiods then why whould a rater waste time reviewing the entire file.

Over the years I have submitted so many personnal claims 48 was my last count... and not once was any of my disabilities ever reviewed unless I requested a review. And many more times people told me exactly as you have said.. Don't put a new claim in unless it concerns a life threating issue, or until your old claim comes back. I am here to tell you if I listened to guys like you.. my claim for A&A, Housing grant, auto grant and a host of other issues would have never been awarded

Now maybe I am a lucky cuss.. but many of my claim actions were appeals, of which I have won 2 cue cases, and a number of de novo appeals, as well as a claim that went to the BVA so again maybe I am lucky..

Now I do have a very good friend that worked for the VA at Fort Bragg, that retired a few years back... at he and I spoke quite a bit... he said he could not help laughing at some of the horror stories, another good friend works in that office also as a DAV represenative.. he has seen way more than me since I have been out of the business for a while, but from what he tells me.. the don't have the time to relook at each and every file when a new claim hits the desk.

Technically, you are correct when a claim is submitted by a veteran and that veteran has placed claims in the past ( and that includes any action disability claim or not), the claim is considered re-opened by the VA. On its face.... that is misleading.. Most Veterans consider a re-opened claim that is really a claim that has been rated in the past and the vet is looking for a higher rating, a new claim is one where a veteran has never placed a claim on a specific issue.

I am voicing an opinion based on my 26 years experience dealing with the va first as a veteran, and then as a veterans advocate... I doubt I have all the answers and I doubt I have seen all the issues.... but I just the same I think I have a good understanding of what happends.......and although I have no reference to cite, I doubt you have any either..... but I've been wrong before....

I stand by my opinion 99.9 % of all claims will never be re-evaluated based on someone claiming a new medical issue.

If a veteran submits a valid claim he should not be afraid that he/she will lose any rating that was already awarded.. and I know from first hand experience that your kind of advice scares veterans, and some never put the claim in because of that type of advice.... For a while I even beleived this garbage, until I learned otherwise.. and realized that I was scaring veterans too..

Finally, what do you tell a veteran when one approaches you and tells you he took your advice and waited to put a claim in... and then he tells you that he lost two or there years of compensation because of what you told him....

I think we will just have to agree to disagree..

Thanks for saving me a lot of typing

Papa

[deanbrt]

The DAV rep I used early on warned me about the very thing Meg is referring to.