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itsabouttime

Seaman
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  1. Pete is correct! Unless you had been determined to be Permanently incapable of self support by your 18th birthday you would have no claim other than as a totally dependent child. That doesn't sound like the case.
  2. If you send your award letter which stated eligibility for Chapter 35 benefits has been established it will speed up the process. They will verify with the RO your status. I've heard many stories of sometimes VA wants the marriage certificate etc. even though it is already on file or should be.
  3. VA is not suppose to go on fishing expeditions when an increase or other matter comes to their attention. It can get complicated in some respects. 1. If the rater notices while thumbing through the file an error which has nothing to do with the present situation he or she has a duty to note it. 2. If you filed for an increase in say a heart condition and determined secondary to DMII then they may take another look at the DMII. However, if you have a rating for say a sensitive scar on your left calf then the scar claim will not be looked at because no nexus can be formed between a scar on the calf and the heart. It's a matter of a claim being linked to another claim and if so then all are open for review. There is one other way for the RO to review your claims folder even without a claim being filed and that is if you were hospitalized. If you are hospitalized your file is flagged for review automatically by the RO.
  4. 1. No you cannot be told to have surgery or they will lower your compensation. 2. If a disability is continuously held for 20 years it is protected from reduction unless fraud was involved. On the protected status it works like this: Say you have a 50% rating already for 5 years and then 5 years later it is raised to 70%. Each rating is working its OWN 20 year clock. So when the 10 year mark was hit the 50% was 10 years into the 20 year clock. The 70% granted is now beginning it's own 20 year clock. If the 70% rating is dropped to 50% then the 50% rating clock is still counting but the 70% clock is stopped. 20 years continously holding a rating is the key. 38 CFR 3.951( b )
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