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Veteran's Law Blog

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john999

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  • HadIt.com Elder

Is spending $100 a year worth it to join the Vet's Law Blog Premium service?  I may be filing a OSA claim and I am going to need plenty of help.  I lost my long time psychologist to sickness and old age.   I need all the help I can get to go forward  these days.  I am running as fast as I can just to stay in one place.

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  • HadIt.com Elder

Good Question John999

I think all a veteran needs to do is find a veteran friendly Dr that can give his opinion  ''likely as not''on why he thinks the veteran has Sleep Apnea  or its cause by aggravated by Medications from the VA from his current S.C. Disability...if you never rhad OSA in military or any medical records VA OR Private  back then  then a Dr will need to nexus as to why he thinks you have S.A.

''File as a Secondary to current S.C. Disability''

of course you need  a Dx for S.A. And currently using the C-PAP Machine.  getting it from VA will help  but private is ok too.

A Dr on Oklahoma is doing S.A. IMO's  you send him your medical records and he looks them over and writes you a nexus.

I think his fees start at 250.00 and up  to 500.00 Depending on how many IMO's you need.

A hadit member just did a IMO with him..I can't think if his name  but will find out.

I may file a Sleep Apnea Claim too! secondary to PTSD Medications. if I can get a Qualified  Dr to opine that! 

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

jmo

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

Edited by Buck52
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  • HadIt.com Elder

Buck

 

             I need to find a doctor who will make a connection between DMII and OSA with OSA being a secondary condition.  I have not even tried locally since all the doctors who have treated me for OSA will not even hazard a guess as to the nexus regarding my OSA except being obese or having some problems with my breathing from injury to my nose that is not SC.  The DMII is SC as is the CAD so the OSA is aggravating my CAD and it is a chicken vs egg situation.  The thing is that the final result of my OSA, DMII and CAD will probably me dying which is a bad secondary symptom or secondary result.  All the problems I have now that are life threatening result from agent orange DMII and numerous secondary conditions  which add up to an 80% rating all on their own.  That is how I got SMC  "S". I had 70% TDIU and then the AO disabilities started to kick in with results of an extra six disabilities from fairly minor to major.  I have been P&T since August, 2001, so I have to really want to file a new claim to make the effort since it will not result in an increased compensation amount on the first of the month.  If I die from something related to my service I would at least like to make sure the VA accepts responsibility.

 

                               John

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  • Moderator

John:

It should not matter.  Ten years from your 2001 rating, (2011) you can die from anything and your spouse should get DIC, at least that is the way I read it. See underlined portion, below.   You can read it yourself, tho:

Source: http://benefits.va.gov/compensation/types-dependency_and_indemnity.asp

Dependency and Indemnity Compensation

Dependency and Indemnity Compensation (DIC) is a tax free monetary benefit paid to eligible survivors of military Servicemembers who died in the line of duty or eligible survivors of Veterans whose death resulted from a service-related injury or disease.

Eligibility (Surviving Spouse)

To qualify for DIC, a surviving spouse must meet the requirements below.

The surviving spouse was:

  • Married to a Servicemember who died on active duty, active duty for training, or inactive duty training, OR
  • Validly married the Veteran before January 1, 1957, OR
  • Married the Veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the Veteran's death began or was aggravated, OR
  • Was married to the Veteran for at least one year, OR
  • Had a child with the Veteran, AND
  • Cohabited with the Veteran continuously until the Veteran's death or, if separated, was not at fault for the separation, AND
  • Is not currently remarried

Note: A surviving spouse who remarries on or after December 16, 2003, and on or after attaining age 57, is entitled to continue to receive DIC.

Eligibility (Surviving Child)

  • Not included on the surviving spouse's DIC, AND
  • Unmarried, AND
  • Under age 18, or between the ages of 18 and 23 and attending school.

Note: A child adopted out of the Veteran’s family may be eligible for DIC if all other eligibility criteria are met.

Evidence Required

Listed below are the evidence requirements for this benefit:

  • The Servicemember died while on active duty, active duty for training, or inactive duty training, OR
  • The Veteran died from an injury or disease deemed to be related to military service, OR
  • The Veteran died from a non service-related injury or disease, but was receiving, OR was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling
    • For at least 10 years immediately before death, OR
    • Since the Veteran's release from active duty and for at least five years immediately preceding death, OR
    • For at least one year before death if the Veteran was a former prisoner of war who died after September 30, 1999

How to Apply

For more information on how to apply and for tips on making sure your claim is ready to be processed by VA, visit our How to Apply page.

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  • HadIt.com Elder

John Bronco is right  it don't matter

Service Connected Disability is a in service Injury or disease. you already have that established.

but please don't die on us.

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  • HadIt.com Elder

http://www.ellisclinic.com/

You can call them or email  I heard there very nice people.

if you use them let me know. I may try too! for S.A. Nexus

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