harry59

Thank you for taking the time to answer my question. Nobody else did.

Question on S-DVI premium waiver... The site states that in order to be eligible to have premiums waived, one must meet these three requirements: You have a mental or physical disability which prevents you from performing substantially gainful employment. Your total disability must begin before your 65th birthday, and must continue for at least six consecutive months. Your total disability may not begin prior to the effective date of the policy. I've been 70% since 2001, and was recently (less than 1 year ago) awarded 100% on a new disability. Requirements 1 and 2 are no problem; but apparently I wouldn't qualify for the premium waiver because of the third requirement since I'm already at 100% before applying for S-DVI. Am I right, or am I missing something? Thanks for any and all replies!

Didn't know that. Thank you

Thank you for the advice. It's much appreciated.

I read your Nexus Letter and I have to say that I was a little confused. Your trying to connect your OSA to your PTSD, which is fine; but you also mentioned your back issue caused you to gain weight. Weight gain can also cause OSA. I would recommend referencing both PTSD and weight gain as a likely cause for your OSA. Let the judge sort it out. Of course you'll have to use weight as a "bridge" to your OSA. That is referenced in VAOPGCPREC 1-17. I would print that VA memo out as evidence. Good luck!

I went through a similar situation about 9 months ago. I did a lot of research prior to submitting my claims and referenced every BVA decision I could find that was similar to mine and put it in my Veteran Statements with my claims. Some decisions were nearly identical to mine. It did absolutely nothing for my claims. The raters completely ignored the references and denied every one of my claims. The claims I submitted were based on my weight due to my SC back issues, so I stated in my statements that I was using my weight, which was caused by my back, as "the bridge" to my claims. The VA decision letter didn't even mention that I used a bridge to my claim. Connecting a claim to an already SC condition is referenced in VAOPGCPREC 1-2017. Unfortunately, I found that memo after I received my decision. Probably wouldn't have helped anyway. In any case, referencing BVA decisions didn't help me at all in my claims.

Understood. I referenced several BVA cases identical to mine in my submitted veteran statements, as well as the VA directive outlining intermediate-step claims, but the rater still ignored it and denied. Not sure why, but any info is good info in my opinion.

Thank you. Just sent you a message.

I just don't see how VA raters can get away with ignoring The VA regulation regarding intermediate-step claims. Maybe I should appeal to the BVA and sidestep the HLR.

Thank you, brokensoldier244th. Those two claims were denied because the rater at the supplemental level totally ignored the "intermediate-step" that I made VERY clear in my veteran statement. No mention of the intermediate-step in my Decision Letter. I am unable to exercise because of my SC back issues, which of course caused my weight gain. I even had a Nexus from my Sleep Specialist linking my OSA to my weight.

broncovet, that is great information. I didn't know that about SMC-S. Thank you. And thank you to all who replied. Now I have to choose which route to take - HLR or BVA. Hmmmm

Fellow Veterans, A couple of days ago I found out that I was awarded 100% P&T. I was at 80%, but my mental health claim (that was finally decided on) pushed me over the line. I do not have my Decision Letter yet so I do not know any specifics. Now that I'm P&T, I'm really on the fence as to whether or not I should fight for my denied secondary claims of Hypertension and Obstructive Sleep Apnea (OSA). I'm not sure for a couple of reasons: 1. I'm not sure if, at my age (62), I will ever be reevaluated for mental health, which could possibly lead to a rating reduction in a future C&P exam. Is there an age limit where the VA will not reevaluate mental health claims? I know the M-21, Part IV, states that "with only rare exceptions, veterans over the age of 55 will not be recalled for reexamination." but I'm not sure if that pertains to mental health claims. 2. As you know, DIC can be awarded to a spouse if the veteran had been P&T for at least 10 years, or if the veteran dies from a service-connected illness or injury. DIC for my spouse is the primary reason I would fight for my denied secondaries as it is likely that hypertension and/or OSA could likely be a contributing factor in death. I know the VA is looking at changing the rating schedule for OSA, which will not benefit veterans. So, should I continue my fight??? Thank you to all repliers!

Thanks, I appreciate it.

I'm not 100% sure but I was told that a statement was ok as long as it didn't contain any new evidence. I will find out for sure before I file. Thank you for your reply.

Hello all. Hopefully an easy question as I can assume that there are a good number of people that have questioned this, and have gone either way, when appealing to a Higher Level Review (HLR). When I fill out my paperwork for a HLR, should I check the box and ask for an Informal Conference? Should I just submit a statement? Should I do both? I have heard good arguments for, and against, the informal conference. Some say it's better to speak to the rater to make your case and make sure that all the evidence was looked at. Others say that It's better to submit a statement making your case because the rater can't look at the claim until you're on the phone with them if you choose a conference, and that you may inadvertently say something that goes against you, and the HLR will take longer if you select the informal conference rather than submitting a statement. I'm not sure if all that is true or not. I'm leaning toward doing both, but am not sure as I don't want to delay my claim any longer than it needs to be. Any advice is much appreciated!