Jump to content

Sponsored Ads



  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
marine0816

Multiple Applications Filed For Same Claim On Same Night Ebenifits

Question

I served in the Marine Corps from 200-2004, was in servere cold weather for over six months and received frostbite on my hands, feet, ears and nose..when I left the USMC I was unaware that I could recieve benifits for frostbite.. I have frostbite on both hands but is more pronounced on my right hand (right handed)and do to fact that I use it more, I just claimed my right hand not knowing I should of claimed all extretimites.

So last year I put in a claim for my right hand and about a year later got awarded 20% for obvious color discoloration and cold sensitivity.. So after getting more educated with the VA I decided to claim my other extremities. Being unfamiliar with ebenifits I filled four FDC claims in one night for my feet and nose ears as "secondary" claim linking them to my service connected right hand. After research on secondary claims I decided to make them all "new" claims and filed my feet, ears and nose as a separate "new" claim. So as a result I have multiple applications for the same claim. How does VA treat this and will this delay my decision time? thank you

Semper Fi

Edited by marine0816

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

IMO - you yourself, have created a cluster F of your issues.

Hopefully someone at VBA will straighten it all out and consolidate

your issues.

Also, if you did not also submit your evidence for these issues -

they will be pulled out of the FDC line.

JMHO

Share this post


Link to post
Share on other sites

Ad

  • 0

I called VA 800 number and they said they will let the regional office know to consolidate them.. Should I still be concerned?

Share this post


Link to post
Share on other sites
  • 0

I sure would be concerned.

Many of us hardcore VA claimants here would never depend on a 800# rep to let the RO know of anything.

I suggest that you send the VARO a 21-4138 asking them to consolidate your issues,previously claimed on (date) to state clearly what you seek:

(you could possibly request a higher rating on what is already SCed and also ratings on the newly claimed conditions.)

I am not sure if that would be considered a FDC but others here (hopefully Meg) will chime in here on that.

To claim higher ratings for the SC frostbite,you would need new and material evidence (medical documentation) that fits you into the higher rating category. But the 20% you have now might well be still correct."So last year I put in a claim for my right hand and about a year later got awarded 20% for obvious color discoloration and cold sensitivity."

You might still be in the appeal period for that decision if you feel it as gotten worse via medical evidence.

For the new issues you will need a diagnosis of the frostbite in the additional extremities.

I assume you sent in strong medical evidence with the FDC claims?

This BVA case has the Frostbite rating Schedule (you are covered under 7122, as amended in Jan 1998.)

With respect to the period on and subsequent to January 12, 
1998, the amended Diagnostic Code 7122 provides for 
separately evaluating each affected hand in rating cold 
injury residuals.  Under amended Diagnostic Code 7122, 
effective January 12, 1998, cold injury residuals with 
arthralgia or other pain, numbness or cold sensitivity in the 
affected parts may be assigned a 10 percent evaluation.  A 20 
percent evaluation requires arthralgia or other pain, 
numbness, or cold sensitivity plus tissue loss, nail 
abnormalities, color changes, locally impaired sensation, 
hyperhidrosis, or X-ray abnormalities (osteoporosis, 
subarticular punched out lesions, or osteoarthritis) in the 
affected parts.  A 30 percent evaluation requires arthralgia 
or other pain, numbness, or cold sensitivity plus two or more 
of the following:  tissue loss, nail abnormalities, color 
changes, locally impaired sensation, hyperhidrosis, X-ray 
abnormalities (osteoporosis, subarticular punched out 
lesions, or osteoarthritis) in the affected parts.  38 C.F.R. 
§ 4.104, Diagnostic Code 7122 (2002).  NOTE (1):  Separately 
evaluate amputations of finger or toes, and complications 
such as squamous cell carcinoma at the site of a cold injury 
scar or peripheral neuropathy, under other diagnostic codes.  
Separately evaluate other disabilities that have been 
diagnosed as the residual effects of cold injury, such as 
Raynaud's phenomenon, muscle atrophy, etc., unless they are 
used to support an evaluation under Diagnostic Code 7122.  
NOTE (2):  Evaluate each affected part (e.g. hand, foot, ear, 
nose) separately and combine the ratings in accordance with 
§§ 4.25 and 4.26. 
http://www.va.gov/vetapp03/files/0305184.txt

Do you have a vet rep who can help you straighten out the claim?

If you do send a 21-4138,make sure you get a Proof of mailing receipt.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

PS here is link to the 21-4138

http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf

This can be fixed Marine. And Others here might have a better idea.and will let you know.

Share this post


Link to post
Share on other sites
  • 0

I assume you sent in strong medical evidence with the FDC claims?.

I didn't send in any new evidence. I have visible frostbite on all my extremities, Im hoping the fact that I received frostbite SC on my hand that it will be a obvious link to all my other extremities. Am I being to optimistic? wouldn't the claims doctor identify the obvious Frost bite and grant my other claims as before? Or is it not that easy? I'm really banking on my exam should I be focused on something else? Please some input, thanks so much for the replies.

Edited by marine0816

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
        • Like
      • 5 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
        • Haha
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 10 replies
×

Important Information

{terms] and Guidelines