IU P&T but should I submit appeal for other issues

[jet187]

Hi, hoping I can grab some knowledge and wisdom from the forum.

I was awarded IU P&T no future exams in January 2019. VA bumped up 2 disabilities and also awarded the IU P&T but

denied 2 other issues(IBS/Rt Hip Joint pain) and didn't process 2 other claims(E.D. SMC-K & Scars),never called for C&P exams. 

The claims were all packaged and submitted together in August 2018, and award letter came in January 2019

The appeal deadline is fast approaching and not sure what to do.

Now that I am IU P&T, should I go ahead and still appeal the Higher Level Review for the IBS & Rt Hip Joint pain and also for the ED SMC-K & Scars?

IBS is winnable as I had all the evidence and also presumptive illness Regs, ED is secondary to VA meds I am on, Scars would rate 0%, Rt Hip pain is a little involved.

Will the VA go back and review all my disabilities with C&Ps again,  and try and reduce my benefits? Or will they just review the IBS & Rt Hip pain, ED SMC-K & Scars issues?

Should I not appeal and just let all 4 issues die? Not sure what to do.

Any input is appreciated.

[Dustoff1970]

If you really feel you have the probative evidence to support your appeal for the other medical issues then I would go ahead and proceed with appeal.  HOWEVER!!! there is always the real possibility that the VA may schedule you for another C&P exam to "reevaluate" any one or all of your service connected disabilities for improvement or worsening of those conditions so be prepared ahead of time for the C&P exam interview.

If you have medical or other evidence to show examiner your present condition/s has worsened or remained static then bring this to the exam for his review if he/she chooses to do so as it is their option to look at anything you bring them.  Copies only and leave copy or copies with the examiner if he wants to keep them as my C&P examiner did in 1998 that helped me a great deal with obtaining TDIU as a reopened PTSD claim.

My info is not legal advice as I am not an attorney, paralegal or VSO.

[john999]

If money is involved I would appeal.  I got P&T and as years went by I claimed a couple of SMC's including Housebound.  That is an extra $400 tax freer which probably is $600 taxable.  Get every penny you can from the VA.  If you don't get it someone else will.  If it just means another 10% I would not worry. You are not being greedy if the VA owes you.

[vetquest]

I would definitely appeal.  This preserves your file date and opens the possibility of SMC S housebound if one of your disabilities is recognized that it alone caused TDIU.  ED will be rated at 0% but gets you about $104 a month.  The VA and some VSO's will sometimes warn you that you might be reduced on appeal but that is something that has gotten too vets to drop valid claims.  

[john999]

With the VA you want to think long term.   Set yourself up for more and greater disability compensation if you can.  You never know just how disabled you may become.  I have DMII.  I think it will progress.  I am hoping it won't but the day I have to take insulin you can bet I will ask for an increase, because that affects my life.

[GBArmy]

jet187 Good advise given by all. Don't let your filing date expire; appeal. At least go for the HLR with what you have; it will keep the clock going and may get you approval for the ED and scars. At 80% it is hard to get to the 90% combined level, so you want to preserve your chances of moving up if things develop in the future. You may need a few 10's to combine with a new disability to move up. Go for whatever you have coming and don't leave anything on the table. 

[paulstrgn]

It is up to you if you let these four issues die or not, but do not let worrying about the VA possibly reducing you if you file an HLR be the reason for not filing. You have earned these benefits, you are not begging for handouts. If you have ED file an HLR (it’s actually $110.31 per month). If you have other disabilities that were not decided on also file an HLR for those also.

Remember it is your choice on what to do; only you can decide on what is best for you.

Good luck!