Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

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


jet187
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

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.

Link to comment
Share on other sites

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • 0

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.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

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.

Link to comment
Share on other sites

  • 0

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.  

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

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.

Link to comment
Share on other sites

  • 0
  • Moderator

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. 

Link to comment
Share on other sites

  • 0

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!

Link to comment
Share on other sites



  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines