P&T request: Appeal or new claim?

[jlrith]

I am in the midst of a form 9 appeal, waiting on the VARO to review and certify the appeal.  If the claim is granted I will hit 100% disability.  

If Permanent and Total is not granted by the VARO or BVA, but the claim is otherwise approved, is applying for P&T a new claim or an appeal?

My disability goes back 20 years and my claim is from February 2012, so I would obviously be looking to P&T status dated to the date of claim.  

[Gastone]

What was the date of your NOD and mailing of the I-9? Your Appealed issues are?

"Waiting on VARO to Review and Certify the Appeal," is somewhat troubling, considering the 2012 Claim Submission. Did you have a DRO Hearing or Review somewhere along the line that resulted in a continued Denial?

Any chance you could post redacted copies of your Award and Denial Letters?

Keep in mind, without a BVA Hardship Advancement being Granted, once your Appeal finally arrives at the BVA and is assigned a Docket Number, you still face 2++years before it gets to a VLJ.

[jlrith]

I did have a DRO review in 2014.  

My claim is for cold injury, misdiagnosed in service as Raynaud's.

Interestingly, I had a series of C&P exams in 2016, including one for Raynaud's. Recently I called the veterans hotline for an update on my claim and was told it's in the substantive appeal step, and I was provided with the docket number.

I contacted the BVA through IRIS and was told my appeal is still at the VARO.

The other day I received a letter from the VA following up on a "telephone IRIS inquiry" and that my appeal is ready to be rated and with the DRO and that they had received my latest C&P exam results and "legally opened the appeal" in July 2016, the exact same date my other claims were completed.

I have no other open claims or appeals, so I'm rather curious as to where my appeal actually is.

 

Ultimately though, I posted this question to find out if putting in for P&T status following a granted appeal would be considered a new claim or a continuation of the granted appeal.

Edited December 19, 2017 by jlrith

[Berta]

Raynald's syndrome is a cold weather injury-I dont view that as an inservice misdiagnosis- but as a  definitive nexus.

"The weight of the competent evidence is at least in relative equipoise on the question of whether the Veteran's Raynaud's phenomenon is related to active service. The Veteran suffered a cold weather injury to the feet in service and has suffered pain and numbness in her feet since service separation, which has been attributed to possible Raynaud's phenomenon secondary to the cold weather injury by a private physician. For these reasons, resolving reasonable doubt in favor of the Veteran, the Board finds that the criteria for service connection for Raynaud's phenomenon as a residual of a cold weather injury are met. 38 U.S.C.A. § 5107(b); 38 C.F.R. § 3.102."

https://www.va.gov/vetapp12/files1/1206496.txt

Perhaps the military called it frostbite- as in this case:

"Accordingly, the evidence is at least in equipoise. Thus, resolving reasonable doubt in favor of the claim, the Board finds that service connection is established for neuropathy of the toes of the feet as a residual of the in-service cold injury. See 38 U.S.C.A. § 5107; 38 C.F.R. § 3.102; Gilbert, 1 Vet. App. at 55. Although some VA treatment records refer generally to neuropathy of the feet, the evidence more specific to treatment of the feet only mentions the toes, and there is no indication that his symptoms involve other areas of the feet. ORDER Entitlement to service connection for peripheral neuropathy of the toes of the bilateral feet is granted."

https://community.hadit.com/topic/71085-pt-request-appeal-or-new-claim/#gsc.tab=0

The award also states:

"In February 2004, it was noted that the Veteran had peripheral neuropathy but was non-diabetic. An April 2004 record reflects that the Veteran had been diagnosed with frostbite neuropathy. An April 2011 VA treatment record also notes that the Veteran had pain in the feet secondary to frostbite injury."

Regardless of the actual diagnosis, the VA will rate on residuals, if they award the claim.

Both vets above had continuous treatment records since service that noted the residuals.

Many vets with cold weather residuals ,not noted in their SMRs, have had to prove they were exposed to severe weather in service. They often could obtain a weather report ,with some active searching via google to show the actual temps at time and place of when they got the cold weather injury.

 

 

[Berta]

Please disregard my post above-----but it might help others out there......

If you fit into a higher rating for  this, since you get SC now for it,your medical evidence will have to match the rating schedule -which I think is in the post above,.

[jlrith]

Thank you for the response Berta.

I am primarily interested in an answer to my question on filing for P&T: If I win my appeal and hit 100%, but are not rated as P&T will filing for P&T be considered an appeal (since the approved claim was in appeal) or will it be a new claim?  If it's a new claim, would it still back date to the original date of claim?

My claim is in the substantial appeal stage (Form 9) at the VARO.  Post DRO, waiting on SSOC for new evidence.

Edited December 19, 2017 by jlrith

[Buck52]

jlrith

I believe it will be considered a claim on appeal if you NOD the P&T because there's more benefits for a P&T Veteran & spouse and children  vs just being 100% scheduler or IU.