New Claim and Current Static rating

[Ranmic]

Good morning everyone.  I have a couple of questions I was hoping to get some advice on.

#1.  If my conditions are rated at "static" and I file for a totally different condition are all of my conditions reviewable even if they are listed as static?

#2. If a condition of mine is static (knees) and I file for a secondary (say hip condition) are my knees reviewable also?

#3.  I have been treated for Glaucoma for about 6 years now due to pressures in my eyes running high (up to 50 at one point before I got treated by my private Dr).  Even though no damage was done the Dr has me on nightly drops for the rest of my life to control my pressures.  Note I have not been actually tagged with the label of having Glaucoma, but they are treating me now so it doesn't go full blown Glaucoma.  While in the military during one of my eye exams the Dr noted in my record that I was a "Glaucoma suspect".  Now, with that small entry and no more data from the military what is everyone's advice on filing a claim for this? I tried once and the VA denied it.

As always, thank you all for the guidance here.  This forum is awesome!

[ShrekTheTank]

The VA has the right to review anything they want.  Even if they should not.  With that being said, I have never had them say anything about any of my static conditions.  I have filed 5 new claims for different issues and never had this problem.  

As for your Glaucoma, I think you should always keep fighting it.  There is an issue with you eye and IMO you should keep fighting it all the way

Edited August 21, 2021 by shrekthetank1

[john999]

Since I got P&T back in 2001 I have filed many claims and the VA never dragged me in for a C&P.  I recently got an extra 80% rating which I did not need but I got it anyway. I would not let the VA or the VSO's convince you to just take it when you know you have a compensable claim.  Go for it!

[brokensoldier244th]

1. Not usually

 2 yes, potentially, because the two systems, body parts are connected. Your medical notes aren’t subdivided by body part so the parts that talked about your notes and hips the first time are still going to talk about your knees and hips now. Unless you have found the one doctor that wrote their notes that way. Even so, your knees and hips are connected so their fates can be intertwined.

3. It’s more than I see a lot of the time, though having more than a one sentence supposition is better. Something led them to say that, there may be more there you just might not know how to read it. I’ve been here a year and a half and I have a small self written dictionary of dr scrawl, in addition to links to websites for the ’standardized’ scrawl that hardly anyone uses completely. There is a lot buried in those symbols. 

[broncovet]

1.  Everything is "reviewable"...sometimes I even want to "review" my decision to take a wife.  However, I agree with "not usually" by broken soldier.  You dont have any greater chance of your claim being reviewed by applying for new conditions than if you dont.  Its just plain "hogwash" that if you file for new benefits the old ones will be reduced instead.  The VA has specific requirements before they can reduce you and the regulations "do not" say anything about any time a Vet files for an increase to reduce him instead.  

2.  Same answer as number 1.  

3.  File for it.  I can not tell you "how many times" I got benefits (or heard of other Vets getting benefits) on the second or third effort.  Dont give up.  You didnt get your honorable discharge by "giving up", and you wont get VA benefits by giving up either.  My estimate, which is comparable to other Vets advocates is that 80 to 90% of first time claimants are denied.  

I got denied hearing loss "with all" Caluza elements in place...diagnosis, in service event, and a nexus that my hearing loss was at least as likely as not due to military service.  

Still, the VA denied citing a reason "its been too long since military service".  

"Time since military service" is "NOT" a criteria for SC for hearing loss.  The VA has to rate "on the criteria" and not based on other stuff such as whether or not I have blue, spiked hair.  My SC for hearing loss was reversed at the board, and I was awarded SC.  

The VARO "was not done" with me yet, tho, because they awarded 0 percent.  Zilch, nada, nothing, "implementing" the Board decision.  

Many years, appeals, new claims, etc. etc., later, I have full 100 percent benefits, along with SMC S.  But I had to fight tooth and nail every step. 

They threw denials at me like birds drop xxxx.  I planted crops with the bird poop and won it all.  It took 17 years of appeals to get to 100 percent plus smc s.  

[GBArmy]

Agree with ALL the postings so far; great advice. They can and probably will be looking at your knees/hip relationship. One can cause the other, right? Keep at the eye disability claim. I assume your doctor is a VA doc. I would be going to another eye specialist and getting an opinion as to whether or not you have a Glaucoma which is diagnostic code 6012 or 6013. Get them to diagnose AND provide a med for you to take. Maybe, just maybe, you have some other eye that would be covered as opposed to Glaucoma. See https://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKC/PART4/S4_79.doc Don't self-diagnose; get a doctors diagnosis first. If you submit I would suggest claiming an eye disability based on your service "including, but not limited to Glaucoma." Let the VA figure out if there is something else you may qualify for. 

[john999]

Bronco

 

                That is funny.  I have been filing claims for increases and new conditions for the last 50 years.  I got denied for some and had some granted.  I am glad I filed for every one because I would have wondered if I should have filed for as long as I live.  Persistence is the major factor in winning VA claims.