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Should I File Other Claims After 100% P&t Award?


meghp0405

Question

Would it make sense for me to pursue additional claims after being awarded 100% P&T-no future exams?

I just received the brown envelope with my award notice today. I also just sent the VA an informal claim notice in November for new claims for IHD and adjustment disorder with anxiety & depression.

QUESTION: Is there any reason I should not go ahead and pursue my new claim for agent orange presumptive IHD?

I would like to be service connected for IHD in the event I die from a heart attack. This would give my wife another route for a DIC claim.

QUESTION: Should I pursue my adjustment disorder claim?

I see this as a potential problem because it is the type of claim where VA might require continuous exams and I would prefer keep future exams to a minimum.

Please give me your thoughts.

Thanks,

Georgiapapa...

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I can only speak for myself. I am IU P&T and now have a heart condition, peripheral neuropathy in both feet and carpal tunnel in both hands that would very likely be service connected. I actually had claims on the last two that they were using to hold up my BVA award so I dropped them.

If you file EVERYTHING will get reviewed again. It the government goes over the fiscal cliff the defense budget will take a huge his and it is my belief the reviews will get tougher .It is not worth the risk to me but I am a little into 6 1/2 years for the 10 year rule for my wife.

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I agreed to drop my other claims and received 100% P&T

The only remorse: what if ( big if) I get better and really can work again? They drop my 100% and then I relapse. It is not completely impossible...so I will have handed back real compensable issues and am looking at years to get stable again.

I missed SSD by 2 quarters. I'm terrified to go through the VA nightmare again.

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My only reason for filing for IHD is to make sure my wife would have an additional route for DIC. If I don't file for IHD and then I die from a heart attack, how difficult would it be for my wife to file a claim for DIC based on agent orange IHD after my death?

Georgiapapa...

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Congrats for your victory Georgiapapa,

Don’t fret about the fiscal cliff or enduring more VA exams. You’re a Vietnam Marine and Naval oriented expeditionary warrior of final resort providing maximum versatility in chaotic and uncertain conditions of crisis and conflict; trained in core competencies of gunnery on infantry weapons, combat operations, and battlefield awareness; employing a variety of weapons, and through communications links, supporting arms including artillery, naval gunfire, and close air support; sea-based, projecting onto vital littorals in any climate or place, capable of the full spectrum of combat, day or night, against opposing forces with a full spectrum of capabilities, including maneuver warfare to locate, close with, and destroy the enemy by fire and maneuver; either on foot or mounted on trucks, assault vehicles, assault craft, or vertical assault aircraft; able to secure and defend self and vital terrain by repelling the enemy's assault by fire, maneuver, and close combat; cultivated in a leadership continuum that develops the basic warrior through experience and coaching into a fully qualified noncommissioned officer and staff noncommissioned officer, a combat leader of Marines who trains and directs the actions of Marines in teams, sections, squads, and platoons, while coordinating with higher and adjacent units and supporting units.

JMHO--I concur with Carlie file that IHD claim. Don’t give VA any slack---protect your wife’s DIC rights. No veteran can ever do that for his or her family after going ten toes up. Everyone will assume that exit position someday in our lifetime. Merry Christmas, Airborne All The Way and Semper Fidelis!

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Think it through. If you have a life-threatening condition, OK.

I am writing for myself. The reality is that cuts are inevitable. I just would not want to open up my awards for another review and C&Ps for them for the sake of a new claim at the very time cuts may be mandated. My opinion...

It is all Vegas here. the vet is on his own figuring out the odds...

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This would definately depend on the disabilities that you are currently service connected for. If, for an example you have 10% for an ankle injury. you have not had this ankle checked by a doctor in a couple of years, the reviewer(s) at VA will, say, this hasn't been checked or anything annotated, they will send you a letter stating a proposal of reducing your % for your ankle. That could effect the overall disability.

If you have a life threatening disability that is service connected I would submit a claim. If you pass away from a service-connected disability, your spouse will be entitled to the DIC benefit.

If you have been 100% for longer than 10 years, I would NOT submit a claim regardless! Your surviving spouse is automatically entitled to DIC after the 10 year rule.

lastly, being 100%, VA is going to take care of you whether or not your complaint is SC or not.

Hope I haven't confused you...

\\

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Thanks for the input.

Georgiapapa...

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