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.

[carlie]

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

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

IMO - when a claimant that is already SC for issue/s submits a claim for increase,

which anything submitted would be received as a claim for increase,

it clearly does, open up their entire adjudicative history for a look-see.

Let's say the claimant is already SC'd for seizures with an evaluation of 80 percent

and files for an increase by way of requesting SC for Migraines.

The VBA decision maker decides a C&P is needed and schedules one.

Vet attends C&P exam -

C&P examiner states, veteran has diagnosis of Migraines -

with characteristic prostrating attacks averaging one in 2 months over last

several months.

Examiner provides medical opinion that the Migraines are at least as likely

as not, secondary to the same active duty injury that caused the seizures.

C & P examiner also states in reports that during the examination he spoke with

the veteran regarding his seizures and the veteran stated he has been doing

a little better and it's now been about 2 1/2 years since his last grand mal seizure

and the petit mal seizures have not been bothersome at all, so he has been able

to re-gain a current drivers license.

Two years down the road the vet receives the Rating Decision.

SC for Migraine headaches - granted at 10 percent.

Proposal to reduce veterans current benefits of 80 percent for seizure disorder

down to 20 percent, per medical evidence documented in C&P dated XX/XX/XXXX.

Vet is allowed due process to rebut proposal to reduce.

If vet does not take action and submit sufficient medical evidence that overrides

what the C&P examiner stated regarding the vets current level of disability for seizure

disorder - the reduction WILL - take place.

[rdawg]

carlie- are you advocating that if your condition has been improved that you shouldn't apply for another condition fearing that your current rating will be reduced. If there is improvement in a condition should the rating stay high just to collect $$?

To me, if the condition improves then the rating should go down. Slippery slope!!

[john999]

I had a CUE claim wating for a decision at the BVA. I discovered that I had another potential CUE. I filed on the second CUE and within 8 weeks I won the second CUE along with $8200 of retro. If I have a claim arise that I know means significant money I am going to file come what may. I had 70% TDIU back in 2002. I filed for DMII, PN, CAD and SMC "S" and a CUE that is at the CAVC since then. I am glad I did not let the VA scare me from doing this. I stay in treatment at the VA and I have my private doctors on the payroll for IMO/IME's.

John

[deanbrt]

Yes, I agree with Carlie's assessment. This is not to say you should not file for an additional service related condition but be aware that EVERYTHING will be reviewed and review recent history, Have you been making all of your VA appts and taking prescribed medications, as an example?

[COOL BREEZE]

To be on the safe side, I just asked the VA to disregard my new claim until my NOD is decided. I can't use the lottery method of playing the power ball to find out they decide to reduce me to a big fat 10%,

Whether or not they will close the new case through an IRIS is highly doubtful. I am still waiting for my homing pigeon to come back as I can't call the VA-they are to busy to speak to me!

[carlie]

carlie- are you advocating that if your condition has been improved that you shouldn't apply for another condition fearing that your current rating will be reduced. If there is improvement in a condition should the rating stay high just to collect $$?

To me, if the condition improves then the rating should go down. Slippery slope!!

I swear I have no idea what information you draw your assumption's from.

There is absolutely no way in heck that my post provides even a glimmer of what

is quoted above.

I just laid out the facts of the HOW's and WHY's a reduction could actually be in order

even though what was submitted was a request for increase.

If you make a choice to assume this is to put fear out there - that is not the case.

Information is information and facts are facts.

Reductions do happen, exactly as I laid out the example.

Just what in my post do you even possibly try to relate that if ,

"If there is improvement in a condition should the rating stay high just to collect $$?

To me, if the condition improves then the rating should go down. Slippery slope!!"

Slippery slope - Absolutely ridiculous !

Apparently you have no understanding of my post or are making a choice to attempt

to change what I have posted.