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Q677:  I had part of my kidney removed, can I claim it as a disability? Even though I am already 100% SCD?  I was in Vietnam from Oct 66 to Dec 67.

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A1:  Our department's policy is to not reopen a claim for a new disability when the veteran is 100% SC. However, if whatever the disability veteran wants to file for could cause his/her demise, then we would file. In addition, Whenever we have veterans wishing to file for increases or something new, we have them sign saying they understand one of three things can happen to their claim unless they have held a specific rating for 20 or more years: increased, left the same, or be reduced. If you hold a rating in which the VA considers you permanent & total (P&T) and file a claim, you are no longer considered P&T. We have had veterans reduced after being rated 100% for years because they VA discovers they made an error in a decision from years prior or the VA exams show that the veteran has actually improved. We always try to do what is best for the veteran. We will cause no harm. In addition to watching out for the veteran, we also look out for their dependents. I have read on some comments that the service officer didn't file the claim because they didn't want to do the paperwork. Doing the paperwork is easy, so that is not the case. If I recommend that the veteran not file for something, it is because I feel he, or their dependents, may suffer harm.  (DS)  3/5/21

     

A2:  I am told that if you are 100% that you should leave it alone since they may go back through your ratings and lower it.  (AT)  3/5/21

    

     

  

  

  

  

  

  

        

A3:  If you have sugar diabetes and your physician has diagnosed your kidney condition was caused by diabetes than file a claim as secondary to sugar diabetes.  (GR)  3/6/21