Filing a new claim - Risk to existing service connection?

[Chuck-55]

I have a combined rating of (85%) ie 90% for 4 claims; Hearing-0, tinnitis-10, lumbar-40 (Broken down into left leg 20 & 20 and the right leg 20 & 20 which equals a bi-lateral rating)  My neck was denied as service connected.  I'ved been told not to pursue the denied claim because it would open up the accepted claims to scrutiny and possibly denial.  Any opinions on this?

[ShrekTheTank]

This really gets my blood pumping!  I hate to hear this kind of logic.  When I hear it all this is, is a VSO not wanting to do their job!  There is always a risk no matter what you do.  I was told this back when I was at 40% not to rock the boat!  That is when I was like what about all these other things and they were like just be grateful for what you got.  I was like there is no way!  

After some digging I found out this way of logic is straight BS!  Be honest and the truth will set you free!  Will the VA have set back, for sure.  In the end keep fighting them until you are satisfied you are receiving the level you are disable too!

Never stop fighting!  This is just my opinion, so take it for what it is worth.

[Miken2c74]

Hey look we are all on here fighting for something. If you are filing a claim in truth "What are you worried about ?" I have been in a fight with VA for feet and knees for 6 years. I wil not give up until they give me what I am owed or I die.

[Vync]

My first VSO told me the same thing and I believed them. I was stuck at 40% forever. I filed for periodic increases as things got worse and made it to 90%. From there, I kept filing. Now I am at 100% since 2008. Last year, I filed two more claims. Two were new and the other two were to correct mistakes made in previous awards.

Check out this information on ratings protection (yes, there is such a thing). It doesn't happen instantly, but VSO's frequently forget to tell veterans about it.

 

[blahsaysme2u]

3 minutes ago, Vync said:

Check out this information on ratings protection (yes, there is such a thing). It doesn't happen instantly, but VSO's frequently forget to tell veterans about it.

maybe i should post this in that thread but i had a question about that. 

if you get a new EED, do you get the protection provided by the time? i have some claims that i am trying to appeal back to 2008. would these be protected under the 10 year rule? what about ones i won last year that got back dated to 2008? what if 20 year from now i get a new EED to 2008. would i automatically be protected permanently

 

 

[broncovet]

I agree with Shrek.  THe criteria for rating reductions and protections are all in the 38 CFR's.  I promise you there is not one which says:

"Whenever the Veteran asks for an increase in rating, do a reduction, instead."  

This is not in the criteria!!!  But that does not stop VA or VSO's from "using fear of reduction" to keep you from applying for all the benefits you deserve.  Remember, if you dont apply you dont get benefits.  If they can keep you from applying (or appealing) this saves work for VSO's and rating employees.  

If you went to McDonalds, and said, "Gee, Im thinking about ordering a hamburger, but is Burger King better?  Are your hamburgers made hygenically or do you sweep dirt off the floor to make them?"

So, the employee says.  "Our hamburgers are awful.  We not only use floor sweepings but birds roost on our oil outside and do what birds do."

Can you imagine that employee not getting fired if overheard by his supervisor?  Now, you can bet that customer wont be ordering a hamburger there, and it will save them some work.  

So, why does VA get away with that crap and McDonalds employees fired if they even hint at representing their employer in a negative light.  

Isnt it pretty negative to think a Veteran goes down and asks for an increase and VA decides to decrease them instead?

Dont buy it!!!!  Read the following criteria..that the VA must follow..in a reduction.  Nowhere does it say to reduce Vets who apply for an increase.  

https://www.law.cornell.edu/cfr/text/38/3.344

 

[Vync]

40 minutes ago, blahsaysme2u said:

maybe i should post this in that thread but i had a question about that. 

if you get a new EED, do you get the protection provided by the time? i have some claims that i am trying to appeal back to 2008. would these be protected under the 10 year rule? what about ones i won last year that got back dated to 2008? what if 20 year from now i get a new EED to 2008. would i automatically be protected permanently

Getting a new EED can really have a cascading effect. For example, if your rating was 10%, but then you got it retroactively increased to 50% back to when the 10% was awarded, you could get travel pay, dependency pay, and refunds of VA co-pays. I would assume if you had any claims denied which could have been secondary that the VA would also have to explore those too. I had a C&P for depression secondary to chronic back pain. The examiner could not opine if it was due to the non-SC back pain or something else. I won via relative equipoise, but years later won my back claim to years before I filed for the depression claim.

If your effective date ends up going back to 2008, they definitely would fall under 10 year protection. In my case, it took more than five years to win the claim for my back. It put me at 100% and I got 5 year protection on top of it. EEDs are very important.