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.

[rdawg]

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.

me thinks one doth protest too much

[carlie]

me thinks one doth protest too much

Reads a bit more like your attempt to throw out baited hooks.

Perhaps you have few pleasures in life - trying to change what I post

might be the best you can find to do for now.

[Teac]

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.

Since migraines and seizures are normally problems that occur in the brain then one would expect the VA to relook at the seizure condition when the migraine claim is filled that in no way means that the va is going to look at all the other disability ratings that this veteran has.. For example maybe the veteran has a knee injury at 10%, the va isn't going to waste time looking to re-evaluate this issue they instead just skim over this in the process.

I think some clearly miss my point.

First to be clear I never stated that the va will not review the entire file, of course they are going to....but they are not going to re-adjudicate disability awards that have nothing to do with a new claim.. In your example migraines can be related to the seizuers. I don't understand why that is so hard to understand.. again.. the va doesn't have the time to rehash old awards just because someone decided to submit a new claim unrelated to an old issue.....it just doesn't happen

Edited February 5, 2013 by Teac

[Teac]

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?

First there is a big difference between reviewing a file, and re-adjudication of past claims.... second there in nothing in the law that requires any veteran to take prescribed medications and atttend all va appointments, In fact the court has ruled that a veteran is not required to seek continued medical care for the sake of proving a claim..... For that matter there is nothing in law that ever requires a veteran took seek care from the VA.

[deanbrt]

I just hope people review carefully. It scares me that people on TDIU or 100% Scheduler might read your words and live to regret acting on them.

" second there in nothing in the law that requires any veteran to take prescribed medications and atttend all va appointments, In fact the court has ruled that a veteran is not required to seek continued medical care for the sake of proving a claim"

If they file a new claim everything will get reviewed and if the VA sees you are not taking prescribed medications or scheduling appts for an already service connected injury watch your a__.

It isn't hard to find vets that are getting nailed in this manner

"The VA can absolutely reduce your rating without improvement. Unless my daughter is some special case, that's exactly what is happening to her. We lost literally almost everything. As of next month, her disability will be reduced by 80% despite the fact that her condition is not only no better but has actually gotten worse. I think the C&P doctors actually made up their own criteria. She has Rheumatoid Arthritis and Sjogren's. As a result of the final exam, the doctor decided that she didn't seem all that tired, could dress herself and was therefore not disabled at all. She actually commented disapprovingly that she had jeans on. The doctor recommended a 0% disability and the VA, for reasons we do not understand, decided to award her 10% after all and another 10% for PTSD (already well-documented but not awarded). Of course, she will undoubtedly see none of this bit anyway because they're going to want their money back.

I guess I should have guessed that this was going down the toilet when the letter proposing to reduce cited as one of the reasons a phone call she made to a VA clinic in another city. (I am not making this up. Who knew that being disabled meant that you were not allowed to use the phone?) So, several years ago, all of her symptoms, pain, fatigue, medications, difficulties in daily life = disability. Now those same symptoms, and more = no disability. Really, it's a miracle.

I can only hope some other veteran in need will get the money that will no longer go to my daughter. Oh, she will file an NOD, but really, what's the point? This system, if there is one, seems completely opaque and capricious. They decided they could jerk away her benefits and did so.

I hate to be a downer but veterans need to know that it can all be taken away."

I could send 15 like this. If you have a lower rating, I understand filing...

[Teac]

I just hope people review carefully. It scares me that people on TDIU or 100% Scheduler might read your words and live to regret acting on them.

" second there in nothing in the law that requires any veteran to take prescribed medications and atttend all va appointments, In fact the court has ruled that a veteran is not required to seek continued medical care for the sake of proving a claim"

If they file a new claim everything will get reviewed and if the VA sees you are not taking prescribed medications or scheduling appts for an already service connected injury watch your a__.

It isn't hard to find vets that are getting nailed in this manner

"The VA can absolutely reduce your rating without improvement. Unless my daughter is some special case, that's exactly what is happening to her. We lost literally almost everything. As of next month, her disability will be reduced by 80% despite the fact that her condition is not only no better but has actually gotten worse. I think the C&P doctors actually made up their own criteria. She has Rheumatoid Arthritis and Sjogren's. As a result of the final exam, the doctor decided that she didn't seem all that tired, could dress herself and was therefore not disabled at all. She actually commented disapprovingly that she had jeans on. The doctor recommended a 0% disability and the VA, for reasons we do not understand, decided to award her 10% after all and another 10% for PTSD (already well-documented but not awarded). Of course, she will undoubtedly see none of this bit anyway because they're going to want their money back.

I guess I should have guessed that this was going down the toilet when the letter proposing to reduce cited as one of the reasons a phone call she made to a VA clinic in another city. (I am not making this up. Who knew that being disabled meant that you were not allowed to use the phone?) So, several years ago, all of her symptoms, pain, fatigue, medications, difficulties in daily life = disability. Now those same symptoms, and more = no disability. Really, it's a miracle.

I can only hope some other veteran in need will get the money that will no longer go to my daughter. Oh, she will file an NOD, but really, what's the point? This system, if there is one, seems completely opaque and capricious. They decided they could jerk away her benefits and did so.

I hate to be a downer but veterans need to know that it can all be taken away."

I could send 15 like this. If you have a lower rating, I understand filing...

I don't know what happened in your daughters case, so I won't even address the possibilities...... However, generally speaking

I can see some of you are more into scare tatics than actually making any sense... If you really think the va has time to screw with veterans than maybe that is why there is such a large backlog and I could be an idiot. I have read cases over and over where the BVA and COVA have stated that a veteran does not have to seek treatment or take medications to retain a rating.

Just because a veteran doesn't take prescriobed meds or seek continued treatment doesn't mean that a problem doesn't exist. Sometimes there is no treatiment to be had, and sometimes the medications do more harm than good. Frankly, I have never received treatment for my hemorriods, nor have I received treatment for sinusitis for 5 years. I also toss all the so called pain medication the va gives me for my back and knee because it is like eating candy.. and my doctor knows this..... and there is no way that my back, knee or any other rating would ever be reduced because of these facts...

It just seems that some people are hell bent on scare tatics, yet haven't quoted any rules or reglations or laws that actually back them up....

I guess I have said enough ... you can lead a horse to water but you can't make them drink.. People have to decide for themselves what is right for them..

As for me I know what does and doesn't work.....