Jim,
I finally received a rating for Diabetes II (20%) and Anxiety Disorder (10%)last year. I immediately filed a NOD for the PTSD rating due to the fact I feel the decision was wrong. I have (4) Drs claiming I have chronic PTSD. Getting to the point of this letter, I now have several claims to be re-started and all happened in the Service. Both knees were injured and also my back. Also a couple other issues. I was told by (2) VSOs not to file these claims as it would have an effect on my PTSD NOD. (2) others said to go ahead and file claims. I am thourghly confused so I came to you. Please let me know what to do.
Reply:
I'm cautious of doing some of the things you're doing.
First...you're seeking way too much advice. "Too many cooks in the kitchen spoil the broth", as that old saying goes. There are a hundred different ways to handle a claim and all of them may be correct. You've now heard from 4 VSO's and me. How could you possibly know which way to turn?
You should lay out a game plan and stick to it.
Filing too many claims in a haphazard fashion confuses the system. The system is already confused enough and you must be careful that you don't contribute to that.
The first claim you make should cover the top 1, 2 or maybe 3 conditions that you can claim. They must be analyzed to determine if you can win them easily or not. I have a great example...years ago I got a case of a Vietnam veteran who had lung cancer. Lung cancer is a presumptive agent orange disease and is an easy case to file. Prove the service, prove the diagnosis and you have 100% in good time.
This guy's VSO filed 14 separate conditions. Some were as odd as foot fungus. Why she did that I'll never know. When you do that VA generally will resolve every claim before rendering a decision. They won't finish until all claims are investigated and finally adjudicated.
It took 2 years and the veteran got a 20% rating for diabetes. Everything else was denied. The lung cancer was rated as service connected but 0% because it was "improved". It took me another 2 years to get him the 100% he deserved. He died soon after.
If you filed for diabetes and anxiety disorder and PTSD and you want to appeal the PTSD, you should only appeal and not pile on other new claims. To pile on at the point of making an appeal confuses the system. If those were valid claims, you should have filed them the first time. If they are at all questionable, you should save them for the future.
If you really wanted your appeal to be done right, you should have a lawyer. It doesn't cost anything out of your pocket and a good lawyer is a real blessing in these cases.
There are many advocates who would tell you that I'm wrong. When you file a claim it sets the effective date and if you win that's when the payment starts. However, when we talk of multiple claims, the Combined Rating Table chart kicks in so the extra benefit usually isn't much, if anything. http://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKC/PART4/S4_25.DOC
As I've said, there are a lot of ways to go about handling a claim. I have my way of doing it and other (successful) advocates have theirs.
Choose one and stick to it. Think about speaking to a lawyer.