Question about how I filed my new claim in March.

[Gunnerdad]

I filed a claim for Hypothyroidism, Sleep Apnea and COPD it is currently in the investigation phase.

I have already completed the requested testing.  Here's the issue I'm concerned with.  I was concerned about my 

previous claim filed in 2017 and appealed in 2018, so think I messed up.  I have AO connected Heart Disease 10% and Service 

connected Neuropathy, SC Tinnitus 10% and Hearing Loss 0%.  When I put the claim together, I just listed Hypothyroidism, Sleep Apnea (Secondary to Thyroid Disease)

and COPD Secondary to Thyroid Disease.  I had read up and saw correlation between Apnea and Covid with Thyroid issues.  Problem is I shouldn't have made diseases

secondary to claimed disease I have not been awarded.  Can I and should I correct my labels?  AO connected for Thyroid and Service connected for the others? 

If I need to fix my mistake, what form to use, and can I add it as evidence to the existing claim?                            

[broncovet]

No, wait a minute.  There is no regulation which requires each Veteran claimant have a PHD and intimate knowledge of the differences between primary, secondary, presumptive, or 1151 claims.  Instead, you apply for the benefit, and "its up to the rating specialist" to figure out if this is presumptive, secondary, primary, etc.  

If you asked for primary, but it was indeed secondary, there should be no penalty for the Veteran...well unless you go to work for the VA as a rating specialist, then you would need to know all that stuff.  

There really are Veterans who dont even speak English all that well, let alone know the differences between primary, secondary, etc. etc.  Its not YOUR job to know..its the rating specialist.  For this reason, I usually suggest applying for "...." (PTSD, kneee pain etc), both primary and secondary as the evidence suggests.  But, Im not even sure this is necessary.  

Sleep well.  While such a mistake "could" delay stuff, and no one likes delays, it should not make 1dollar difference in the end.  Again, Veterans are not required to master all VA regulations in order to be eligible for benefits.  

Its my "unsubstaintiated opinion" that, if denied for primary, then eventually awarded for secondary, you should still get the same effective date.  ITS NOT a requirement the Veteran understand the differences between primary, secondary, etc.  

If you do feel you are denied the proper effective date, you should appeal, and probably win.  Remember, the VA benefits system is "NOT" supposed to be a trap to catch unwary Veterans, but instead, is supposedly system where the VA is supposed to award every benefit available under the laws that you qualify for.  

Fight em, if this costs you money.  

Edited July 6, 2022 by broncovet

[Dustoff1970]

Man O Man you need to find a paid professional VSO at a VA Regional Office or hospital to assist you with this involved claim situation.  Do a phone or in person interview. Check their attitude for motivation and experience.  Some are just plain lazy or indifferent is reason I have always handled my own claims and appeals for 35 years. Good luck 

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

[Gunnerdad]

On 6/30/2022 at 11:03 AM, Dustoff 11 said:

Man O Man you need to find a paid professional VSO at a VA Regional Office or hospital to assist you with this involved claim situation.  Do a phone or in person interview. Check their attitude for motivation and experience.  Some are just plain lazy or indifferent is reason I have always handled my own claims and appeals for 35 years. Good luck 

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Well that sounds like I've messed up.  I've handled mine as well but got denied after 4 years of appeal.  BTW when were you with Dustoff?  144th, An Son?

[Whodat]

On 6/30/2022 at 11:13 AM, Gunnerdad said:

I filed a claim for Hypothyroidism, Sleep Apnea and COPD it is currently in the investigation phase.

I have already completed the requested testing.  Here's the issue I'm concerned with.  I was concerned about my 

previous claim filed in 2017 and appealed in 2018, so think I messed up.  I have AO connected Heart Disease 10% and Service 

connected Neuropathy, SC Tinnitus 10% and Hearing Loss 0%.  When I put the claim together, I just listed Hypothyroidism, Sleep Apnea (Secondary to Thyroid Disease)

and COPD Secondary to Thyroid Disease.  I had read up and saw correlation between Apnea and Covid with Thyroid issues.  Problem is I shouldn't have made diseases

secondary to claimed disease I have not been awarded.  Can I and should I correct my labels?  AO connected for Thyroid and Service connected for the others? 

If I need to fix my mistake, what form to use, and can I add it as evidence to the existing claim?                            

So the appeal that was filed in 2018, is it still active or is it closed. 

In my opinion, you probably can reopen it but you have lost your eed. 

[pacmanx1]

On 6/30/2022 at 11:13 AM, Gunnerdad said:

Problem is I shouldn't have made diseases secondary to claimed disease I have not been awarded.

I 've seen this in a lot of scenarios where the veteran files a claim for service connection and then file a claim for secondary issues to a pending (undecided or not rated) claim but the problem is that the VA does not have to award any of the claims because the veteran must have a service-connected disability prior to filing for secondary issues and the VA would just deny them all like a domino effect. You can file a claim secondary, but you must first have a service-connected disability to connect it to.  It's like killing several ducks with one shot. 

[Whodat]

1 hour ago, broncovet said:

No, wait a minute.  There is no regulation which requires each Veteran claimant have a PHD and intimate knowledge of the differences between primary, secondary, presumptive, or 1151 claims.  Instead, you apply for the benefit, and "its up to the rating specialist" to figure out if this is presumptive, secondary, primary, etc.  

If you asked for primary, but it was indeed secondary, there should be no penalty for the Veteran...well unless you go to work for the VA as a rating specialist, then you would need to know all that stuff.  

There really are Veterans who dont even speak English all that well, let alone know the differences between primary, secondary, etc. etc.  Its not YOUR job to know..its the rating specialist.  For this reason, I usually suggest applying for "...." (PTSD, kneee pain etc), both primary and secondary as the evidence suggests.  But, Im not even sure this is necessary.  

Sleep well.  While such a mistake "could" delay stuff, and no one likes delays, it should not make 1dollar difference in the end.  Again, Veterans are not required to master all VA regulations in order to be eligible for benefits.  

Its my "unsubstaintiated opinion" that, if denied for primary, then eventually awarded for secondary, you should still get the same effective date.  ITS NOT a requirement the Veteran understand the differences between primary, secondary, etc.  

If you do feel you are denied the proper effective date, you should appeal, and probably win.  Remember, the VA benefits system is "NOT" supposed to be a trap to catch unwary Veterans, but instead, is supposedly system where the VA is supposed to award every benefit available under the laws that you qualify for.  

Fight em, if this costs you money.  

You are right my friend. You stated that although how many times have you filed for a primary claim an the raters connected to a secondary?  You have to ask for it. Rating officials are like Privates, doing exactly what they are told to do or get smoked. 

Like I was saying, he could lose his eed. I probably should have broken it down like James Brown. I did not say stop the fight. 

Get the Grant. Then continue the fight stay in the fight until the battle is won, enjoy your awards and rewards for your accomplishments.