Question about Claims and Appeals

[Wayne TX]

If you have some Appeals already waiting for docket numbers and now want to file a brand "new"claim would that  impact the existing Appeals process in anyway, or do they run on totally independent on different channels?  

[broncovet]

You can have appeals and new claims running simultaneously, like I do now.  Go for it. 

[Wayne TX]

Thanks....will do. 

 

[broncovet]

Veterans benefits are a "right", subject to due process.  So, VA must go through "due process" in order to take any benefits away.  This due process includes that VA must give you 60 days notice of a proposed reduction and give you an opportunity to be "heard" as to why your benefits should not be taken away.  

 An appeal is also a right..you have a right to dispute a decision you consider unfavorable.  Appealing a decision does negate your right to apply for an additional benefit at any time.  We are "entitled" to benefits, providing that we meet the applicable criteria.   VA, also, must meet the criteria for a reduction.  The criteria for reducing benefits is actually rather strict for people rated "permanent and total", not so much for "temporary" ratings.  

A "temporary" rating presumes you will get better and no longer need VA benefits.  You see this a lot in "convalescent" ratings..where you go get surgery...its assumed you will heal up and be fine, so you are issued a temporary rating.  

VA is rather protective about handing out "permanent and total" ratings, for reasons stated above.  In order to reduce a "permanent and total" rating, or one that has been in place 5 years or more, the VA has to show you "actually improved" under "ordinary conditions of life".  The regulation points out that many disorders have periods where symptoms wax and wane...that its not unusual to be "symptom free" for a period of time.  My knees are like that.  Sometimes I can go a couple weeks without pain.  Then, for unknown reasons, a flare up occurs, and I can barely walk,  The VA cant take my beneifts away because I had "episodic" improvement, as it is presumed that I dont have to be in pain 100 percent of the time to get benefits.  

The "ordinary conditions of life" is important.  It explains that, if I rest and my knee gets better..well this is good, its not to be used as a bases for reduction, so if I went back to work, my knees would likely flare up again and be cripling.  

Therefore, the VA can not reduce my P and T rating unless I go back to work, because its presumed the periods of rest are responsible for a reduction of my symptoms, and I have to show improvement "under ordinary conditions of life".  "Ordinary" people have jobs and work, while "disabled" people do not.  The regulations are quick to point out that benefits are paid to compensate the "average" person...that it is possible to be disabled and go to work.  John McCain is an example of a 100 percent disabled Vet working.  This is permitted because they want to encourage disabled people to over come their disabilities and work again.  

That concept does not work too well with mental disorders, tho.  The criteria for 100 percent for mental health disorders (depression, PTSD, etc) includes "total occupational impairment".  Well, if you have "total occupational impairment" that means you can not work.  

VA benefits are complex, but they are intended to be fair.  Somehow, that "fairness" seems to have gotten lost to "budget cutting".  No, VA's budget is almost never cut, but VA management manages to squander still more money each year, and that waste has to come from somewhere, thus, some Vets go without benefits in order to fund lavish lifesyles, corruption and waste  by VA execs.