diabetes Filing Other Claims When You Have An Appeal

[eg1970]

My father filed a NOD back in September 2013 for stroke secondary to IHD. He's still waiting for any information on the appeal.

He's got several other conditions that he's wanting to file claims for.

Does anybody know if Chronic renal impairment is secondary to diabetes type II? His doctor put that in his records in May.

He's also been diagnosed with PVD and he went to his podiatrist and on the notes it says that vascular status is barely palpable.

He's worried that if he files any more claims it would slow down the appeal.

What's the best thing to do?

Thanks.

[Vync]

I can't provide advice about renal issues, but waiting to file a new claims means the potential effective dates can get pushed off later and later and less and less potential retro if the combined rating increases.

[lotzaspotz]

If any conditions for which the veteran has not filed have the potential to be fatal, I believe the veteran should file the claim, even with a pending appeal. I'm of the opinion that claims should be filed as soon as the evidence presents itself to support them, regardless of pending appeals, to preserve the effective date of claim. You can wait several years for a Board appeal and then a Court appeal to be resolved, and that time is lost if you're postponing filing your other claims in the interim.

[georgiapapa]

On claims based on a potentially fatal condition, I agree with lotzaspotz. If you want to preserve the earliest effective date on new claims and you can financially afford to delay currently pending claims, I would file the claims to preserve the EED. If you can't afford the delay, hold off on the new claims until the pending claims are resolved. Just my opinion.

[TiredCoastie]

On claims based on a potentially fatal condition, I agree with lotzaspotz. If you want to preserve the earliest effective date on new claims and you can financially afford to delay currently pending claims, I would file the claims to preserve the EED. If you can't afford the delay, hold off on the new claims until the pending claims are resolved. Just my opinion.

With a NOD filed last year, you probably have years to wait for a decision on his stroke secondary to IHD. Meanwhile, the conditions that are being discovered secondary to DM II are pretty serious and the chronic renal disease is potentially life threatening. Personally, I'd file.

The key to whether or not a particular condition is secondary to another is whether or not a doctor will make that determination and put it in writing. Not a doctor, but have heard that DM II can create kidney damage.

Another factor to consider, having just gone through this with an elderly in-law, is how efficiently your dad's heart is working. You might want to have him checked for heart failure or congestive heart failure. If his efficiency is reduced, the blood flow throughout the body is reduced which means at some point his kidneys will stop working quite as well.

[eg1970]

Thanks. He has an appointment with his doctor in August and after that he's going to file the claims.

[bhoward422]

If any conditions for which the veteran has not filed have the potential to be fatal, I believe the veteran should file the claim, even with a pending appeal. I'm of the opinion that claims should be filed as soon as the evidence presents itself to support them, regardless of pending appeals, to preserve the effective date of claim. You can wait several years for a Board appeal and then a Court appeal to be resolved, and that time is lost if you're postponing filing your other claims in the interim.

this is so true