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?                            

[Gunnerdad]

OK, seems agreement I should take a wait and see.  Thanks!

[Rattler]

On 7/6/2022 at 6:20 PM, pacmanx1 said:

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. 

pacmanx1 stated it right above you need to be service connected even if it is 0% to get secondary connection. You need to take a peace of paper and draw out how it looks. Kind of like this; AO - secondary to Heart Disease, COPD Secondary to Thyroid Disease,  Thyroid Disease - secondary to Hypothyroidism and Sleep Apnea. (you may not get Hypothyroidism because in the VA's eyes its one and the same)

[broncovet]

Dont assume you "will lose your effective date", if you refile.   This could cost you retro that you qualify for.  

Its actually quite complicated,(I wont go into all the complexities) , but, often, you can keep your original effective date.  

ONE example:  Refiling under 38 cfr 3.156 C,(new service records)  can result in a much earlier effective date than filing under 38 cfr 3.156 B (new evidence).  

Even the above example "depends", too.  If you submit new evidence "within a year" you should be able to keep your original effective date, under 3.156 B.  But, you can submit new service records anytime under 3.156c, and still get your original filing date. 

Its even more complicated than that, because you may be able to establish an earlier effective date based on an "informal" claim.  Informal claims for increase were allowed prior to about year 2019.  Now, there is no informal claim, and you have to file it on the applicable form.  But, you could still get a filing date of an informal claim, provided that you meet the informal claim criteria prior to 2019. 

To find out if you should qualify above, you should consider sending your file to an attorney and ask him if you should get an earlier effective date and more retro.   

Edited July 13, 2022 by broncovet

[deedub75]

On 7/6/2022 at 7:20 PM, pacmanx1 said:

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. 

That's basically what happened to me! I filed for service connection for pes planus/plantar fasciitis and I filed for knees and back secondary to that. The pes planus/plantar fasciitis should have been an easy grant since pes planus was noted on my Army exit exam with an abnormal gait and I had a current diagnosis or plantar fasciitis. I knew the knees and back would probably be a bit more difficult even though I had current diagnoses for both.  

Well, my pes planus/plantar fasciitis claim was denied so all the dominoes fell. An ACE exam was done and the examiner stated that I did not go to the doctor enough times for my feet while I was on active duty even though there is no set number of times to go. I got treatment, insoles and was told to take a lot of ibuprofen. I was service connected for my right ankle and the rater could have tied my knees and back issues to it since that mostly caused my abnormal gait, but they did not. I asked for a de novo review and the pes planus/plantar fasciitis claims were granted but the knees and back were not. I appealed and was eventually able to get them approved but it took years. I originally filed those claims in 2010 and finally got them all granted in 2021 with a lot of back pay.