New claim

[Combat eng]

I have an attorney appealing my TDIU claim. I want to know if l can I file a secondary claim for my back and hips as a result of my TKRs ? Do submit the claim myself or do I need to go through the attorney? Can filing a claim during an appeal upset the appeal process?           Thanks

[brokensoldier244th]

You can have regular claims pending while an appeal is going, as long as you aren't claiming conditions related to the appeal . You can do them yourself through VA.gov and upload whatever records you have, or list where youve been treated (private and VAMC so we know where to look) and we can pull the records. Its faster if you submit what you have, but at least if you give us a facility and state (VAMC) or an address and name of provider (Private) It makes looking easier. 

[cwatson]

I agree that claims should not affect upon appeal claims still pending and I wish anyone well but I filed for pain in my lower spine in 1990. My claim was denied after I submitted the day the x-ray diagnosed me with a Degenerative condition. I refiled the claim in 2008 after a 2005 x-ray at a VAMC and after a 2007 MRI  at another VAMC. My conditioned had worsened causing Sciatica in both feet and other neurological conditions from the Nerve Compression in my neck. I filed a new claim again in 2019 because the VA had not made a decision about my spine or the TDIU until December 2019. Now in 2020 the VA is addressing my TDIU and other conditions that I filed in 2012. My back and hips were filed first and then second prior to the other conditions so it was easier for the VA to relate the second and other conditions to my spine. It may be possible to relate the knee and hip to the back but it may be more difficult. Good luck.  

[broncovet]

Good answer from Broken Soldier.  Go for it.  (Assuming you have not filed for back or hips before).  

If awarded, it could favorably affect the outcome of your tdiu).

DO, however, discuss this with your attorney, he knows WAY more about your specific case than we do.    Attorney's dont like it real well when you hire them, then do it yourself.  

Would you hire someone to cut your grass, and then do it yourself?  Its kind of an insult, suggesting you dont like the way he cut your grass.  

[Rattler]

On 11/25/2020 at 12:53 PM, Combat eng said:

I have an attorney appealing my TDIU claim. I want to know if l can I file a secondary claim for my back and hips as a result of my TKRs ? Do submit the claim myself or do I need to go through the attorney? Can filing a claim during an appeal upset the appeal process?           Thanks

If you injured to your back and hips as a result of my TKRs are not related to your TDIU you should file them as individual claims. If your hipps are related to your back it should be filed as a secondary to your back.