Claim consolidate

[Goofy]

A few questions.

I filed a claim for my increase rating of hypertension and heart attack secondary.  So months later when I put in some pact act claim they moved  like 5 conditions into this claim.  I called the Va and she confirmed that, not like I couldn’t see it but wanted to know why….those will hold up my original claim.  Is there a way to get that changed?  I’ve already have the exam for my original claim increase bp and heart attack….

 

I also told them I had another heart attack last month and didn’t know if submitting that claim would mess up the current progress.  She said just submit the evidence with the current claim.  I want to ensure my 3 months of 100% isn’t over looked for the second heart attack.

 

 

Thank you! 

 

[namvet6567]

Thank you, you are correct, but the VA sometimes ignores its own rules(surprise, huh?).  I believe the VA is required to use the rule that is most favorable to the veteran, during the transition.  I also posted something about burial benefits yesterday and received something from military.com that some of it has changed.  I stand corrected.  Can't find that post.

[Vync]

@Goofy I'd be surprised if they don't grant you the three months of 100% for the second heart attack. Also, if it prevents you from working, be sure they don't overlook SMC-S while you are out of work. I was already back to work when they finally finished my claim so I got the SMC-S as retro. Also don't forget to file for any side effects of meds you take to treat SC conditions.

Part of the consolidation may be due to the VA's stupid "pyramiding" rule. It is possible to get rating percentages for the hypertension and the heart attack, but because they are rated under the same body part, when calculating the combined rating, they would take the higher of the two when calculating your combined disability percentage. 

[Rattler]

It sound like the VA is consolidating your claim under the PACT ACT. This is not a bad thing as I just read somewhere that some of the straightforward claims are going through faster. I would not submit another claim. If the VA has decided the issue and it is under 1 year I would submit a supplemental claim and ask for an increase and SMC-S. You can file a 21-4138 Form and request the SMC-S if the claim is still pending.

I would get the medical records from the last heart attack and submit them. It could change the outcome of the claim.

[brokensoldier244th]

2 hours ago, Vync said:

@Goofy I'd be surprised if they don't grant you the three months of 100% for the second heart attack. Also, if it prevents you from working, be sure they don't overlook SMC-S while you are out of work. I was already back to work when they finally finished my claim so I got the SMC-S as retro. Also don't forget to file for any side effects of meds you take to treat SC conditions.

Part of the consolidation may be due to the VA's stupid "pyramiding" rule. It is possible to get rating percentages for the hypertension and the heart attack, but because they are rated under the same body part, when calculating the combined rating, they would take the higher of the two when calculating your combined disability percentage. 

That is a Congress rule, not a VA rule. 38CFR 4.14. We do a lot of dumb stuff but lets put stuff in front of the right people. LOL

[Goofy]

7 hours ago, Rattler said:

It sound like the VA is consolidating your claim under the PACT ACT. This is not a bad thing as I just read somewhere that some of the straightforward claims are going through faster. I would not submit another claim. If the VA has decided the issue and it is under 1 year I would submit a supplemental claim and ask for an increase and SMC-S. You can file a 21-4138 Form and request the SMC-S if the claim is still pending.

I would get the medical records from the last heart attack and submit them. It could change the outcome of the claim.

Rattled,

File the second heart attack claim now while they are still deciding on the first one?

Sorry my thought process is worse than it was prior.’

[Goofy]

1 hour ago, Goofy said:

Rattled,

File the second heart attack claim now while they are still deciding on the first one?  I’m unfamiliar with smc.  I am out on long term disability right now.  Also is anyone good with reading the echocardiograms?

1 hour ago, Goofy said:

Sorry my thought process is worse than it was prior.’