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opinion's filing claims if your already 90%combined or 100%

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Buck52

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  • HadIt.com Elder

I read here on hadit some times back that if a veteran files for another claim who is currently  either 90%combined TDIU  or 100%

Well some say that ''Rocks The Boat'' or usually VA don't like a veteran to file for a claim if she/him is already at 100%

is this true?

What about a new diagnose of something that can be military related  that ouccured years later after military  and that contention is a different disability all togather?

why would that be Rocking the Boat  and why would VA deny this particular claim?

 

Any opinions welcome or feedback

 

...........Thanks

 

...............Buck

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  • Content Curator/HadIt.com Elder

TBird covered this and made it a sticky announcement above the forums/topics. Scroll up :biggrin:

http://www.hadit.com/forums/announcement/46-6-reasons-to-keep-pursuing-va-claims-and-appeals-%E2%80%93-after-you-reach-100/

 

In my opinion, any veteran can be the victim of the VA reevaluating a rating at any time.

This may come off kind of freaky, but if you can get something new SC, and one day it leads you your death, your spouse can file for DIC. That, in itself, can be a big plus for your family.

In my case, I am considering filing for sleep apnea secondary to my SC upper and lower respiratory issues. Back in the early 1990's, I don't think anyone knew what this was. I have been diagnosed with it, have a CPAP machine, etc... However, before I file for it, I will get all my ducks in a row and get my own IMO so I don't have to rely on the C&P docs screwing it up.

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Vync is right.  The link is here as to the reasons you should not give up when you reach 90 or 100%.  http://www.hadit.com/forums/announcement/46-6-reasons-to-keep-pursuing-va-claims-and-appeals-–-after-you-reach-100/

The VA makes you think you go down to your VSO, apply for benefits, and "poof" 120 days later, you get your award and you are done.  It almost never happens this way.  

I have only ever heard of ONE VETERAN in my entire life who has ever gotten significant benefits in 120 days.  Almost all of them had to appeal.  

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  • HadIt.com Elder

TBird covered this and made it a sticky announcement above the forums/topics. Scroll up :biggrin:

http://www.hadit.com/forums/announcement/46-6-reasons-to-keep-pursuing-va-claims-and-appeals-%E2%80%93-after-you-reach-100/

 

In my opinion, any veteran can be the victim of the VA reevaluating a rating at any time.

This may come off kind of freaky, but if you can get something new SC, and one day it leads you your death, your spouse can file for DIC. That, in itself, can be a big plus for your family.

In my case, I am considering filing for sleep apnea secondary to my SC upper and lower respiratory issues. Back in the early 1990's, I don't think anyone knew what this was. I have been diagnosed with it, have a CPAP machine, etc... However, before I file for it, I will get all my ducks in a row and get my own IMO so I don't have to rely on the C&P docs screwing it up.

It can be difficult to associate sleep apnea to military service for multiple reasons. A personal example has to do with the Navy and standing rotating two and three section watches.

Doing this plays havoc with circadian rhythms. Proving it is difficult, to say the least. Even proving that you stood such watches is difficult, since records were seldom kept.  Very recently, The atomic subs changed or are changing the watch schemes to try to reduce the impact.

But, for us Vietnam A.O. SC'd veterans, it may be easier, since there's a good chance of claiming it's secondary to such things as IHD and DMII, and getting an IMO to say so.

 

Edited by Chuck75
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TBird covered this and made it a sticky announcement above the forums/topics. Scroll up :biggrin:

http://www.hadit.com/forums/announcement/46-6-reasons-to-keep-pursuing-va-claims-and-appeals-%E2%80%93-after-you-reach-100/

 

In my opinion, any veteran can be the victim of the VA reevaluating a rating at any time.

This may come off kind of freaky, but if you can get something new SC, and one day it leads you your death, your spouse can file for DIC. That, in itself, can be a big plus for your family.

In my case, I am considering filing for sleep apnea secondary to my SC upper and lower respiratory issues. Back in the early 1990's, I don't think anyone knew what this was. I have been diagnosed with it, have a CPAP machine, etc... However, before I file for it, I will get all my ducks in a row and get my own IMO so I don't have to rely on the C&P docs screwing it up.

Vync,

I am certainly interested in your SA claim, as I too have SA, DXd by private dr, for nearly 2 years, use CPAP also.  I developed sleep problems while in the Marines, and I did mention it a few times while at the medical clinic.  I know this because it's in my STR. While I was never treated for it, at least it shows that I mentioned it to the dr looking at me.

I have mentioned it to my PCP, and most recently my MH doc as well.  I was DXd by MH with MDD, and just filed a claim for depression secondary to chronic pain.  MH doc feels I have a high chance of success with the secondary claim vs a primary.  And he said that sleep problems and memory loss also go hand in hand with depression.  I will keep you posted how it goes, as I go through it. 

Semper Fi.

Andyman

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  • Content Curator/HadIt.com Elder

Andyman,
Yours and my situations are almost the same. I have plenty of medical records documenting being tired, exhausted, lack of sleep, etc... from when I was in the service. VA diagnosed MDD/anxiety/PTSD and forgetfulness, but I got SC for MDD. Military physicians seemed to care more about pushing pills and turning us around so we could get back to work rather than getting to the bottom of the problem.

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Buck: What do you think is the current status of your present SC conditions, more precisely, the SC that resulted in  your IU Award? Are you IU T&P with "No Future Exams" specified on your IU Rating Award Letter?

When I was Awarded my IU T&P NF Exams in 06/14, I had 2 new claims from 02/14 pending. The 05/14 C&P only covered those 2 issues and how they might be Secondary to an existing SC.

Just recently 09/15, I had a C&P for a new Secondary Claim filed as an FDC 06/2015. Again, only the SC issues that I stated as being causative of the Claimed Secondary issue were addressed. My IU SC (PTSD) was not addressed.

Frack "Rocking the Boat," if you have a potential SC claim, file it.

Semper Fi

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