several claims same time 0r not?

[Dan D]

Hi Im in the pr0cess 0f deciding which claim 0r claims t submit. I have a C0PD ,hand and back claims. Which d0 I put in first 0r d0 i put them all in at the same time?

aloha 

[TALON II FE]

I would submit them all

[pwrslm]

Toss in everything, just like Talon said.  The effective dates are a key to this, if you get denied on some of them, and win on an appeal, you get back pay from the beginning.

 

[syne7]

I think it depends on the amount and the likeliness of primary/secondary.  I am taking this from a gut point of view.  I exited the Army in '97 and was medically discharged for asthma and left ankle.  I was given 10% for asthma and 0% for ankle.  They also looked at both feet and did not SC for fractures.  Fast forward to 2015 and I learned more about what the VA was and how it worked.

I obtained a copy of my c-file and SMR.  I have identified about 15 claims based on in service issues and my current conditions for the following areas:

Diabetes, left foot, right foot, left ankle, right ankle, left knee, right knee, back, right wrist, right thumb, asthma, sleep apnea, hearing loss, tinnitus, sinusitis/rhinitis.

To make my claims harder.  I have lived in several places and often just used urgent care for the past 20 years.  Most doctors don't keep your records after 5-7 years depending on state regulations.

Accordingly, I am putting my claims in a few batches.  I feel this that 18 or so would be over whelming and also there is some synergy for raising my left ankle to use as to claim other as secondary.  So I am claiming the foundational/easier claims first and working to other groups.  Here is the strategy I worked for myself:

1.  Pending claim for diabetes from 2001 (Just won)
2. Increase: asthma & left ankle.  New claim: Sleep Apnea (primary & secondary asthma, diabetes, left ankle), & Tinnitus  (Just started two weeks ago).
3. New claim (re-open):  left foot, right foot, right ankle, left knee (to be put in after decision on 2).
4. New claims:  right knee, right wrist, right thumb, sinusitis (to be put in after 3).

Many have counseled me to put them all in at once.  However, I feel like I will be on stronger ground if my ankle is rated 30% or 20%.  In the meantime I am learning about the process as I go and collecting nexus's and IMEs and building history.

I also feel like the humans in the process will be negative if they see 15 claims after 20 years.

This effect may not be true as it's purely my opinion and may not apply to you since you only have three things.  If I had 4 or less I would submit them all at once.

I welcome any comments on the subject or my personal choice and situation.

 

[Chuck75]

The basis behind the one or all argument is simply that a single condition claim with evidence, etc. is potentially able to move through the VA system much faster than a multiple condition claim.

I often wondered what would happen if you filed for one condition, and shortly after filed an "intent to file" for others. Would the VA hang up the complete claim, waiting for the followup to the intent to file, or would the VA adjudicate the first claim? Or, would this prompt the VA to actually look for additional potential claims, and consider them as well, thus delaying things. (The VA is big on delay!)

There also is a not uncommon situation where one of the potential claims involves much higher compensation than the rest of the claims. Should you risk delay by adding the others, or not? Remember that not a few veterans filing claims are in serious financial straights of one kind or another.

In the past, the VA often actually filed in it's duty concerning veterans claims, in that they are supposed to look for additional potential claims, and quite commonly did not.    

 

 

Edited May 16, 2016 by Chuck75