Is it worth it?

[Buck52]

I just wanted to get some much needed opinions on this?

If a Veteran has been S.C. For his condition for a few years and comes down with another separate  condition or secondary to his S.C.Condition

Is it in his best interest to file a claim for this new condition?

Or do some of you think he better not because it will prompt a C&P Review of his older S.C. Conditions and possibly be reduced.

What are the Pros & Cons Here.

[brokensoldier244th]

It may or may not trigger a C&P on the primary condition- thats not a given. However, if the secondary condition should affect you negatively down the road, or gods forbid, kill you, you will not receive any benefit from it to pass on to your spouse or children, either. If its something really minor it may not be worth it but if its something major then id rather be covered for it, both for treatment, and possibly for benefits after death to pass on to my heirs.

[Berta]

Personally I think a vet should definitely file for any secondary condition....even if it does not impact their overall rating.

And the same for a "separate" condition, if they believe it can be service connected.

My only rationale for my opinion is that a secondary  or separate condition might become, in time,  the prime cause of the veteran's death

Even if that secondary condition is listed on the death certificate, if it has not been established as an SC or secondary SC yet in the veteran's lifetime, their survivor might have one hell of a time obtaining DIC and also have to obtain a costly IMO.

I read many DIC claims at the BVA from time to time.Some of them are heartbreaking.

They reveal that the widow did not prepare the claim correctly or worse yet, her POA didnt have a clue.

and even worse than that- the claim needed a strong IMO and none was ever obtained.

There are 18,372 DIC claims that have been denied by the BVA since 1992.

Some of course might have been remanded and then succeeded or were re opened to succeed.

 

 

 

 

[Berta]

Brokensoldier is right- we were on line same time.

The BVA does have DIC awards too. And many are made at the RO level.

But no survivor should ever depend solely on a vet rep so be sure you give them your hadit password or show them how to join this site after you die.Everything they need to know is here as to DIC.

And now is the time to get them up to speed on the PC if they are not PC savvy yet.

 

Edited March 16, 2018 by Berta

[Buck52]

I agree with you both, I don't think a Veteran should not file for fear if they review all his S.C. Conditions to NOT file a new claim or secondary claim  for the reasons you guys gave. 

besides if the Veteran is older than 55  and has had his  S.C. Disbilites 5 & 10 yeas his/her condition was of static and of nature and not expected to improve in his/her life time  it would be very diffcuilt for the VA to get medical information to reduce his benefits..unless a disgruntel VA Dr reported & fabercated the Veterrans S.C. Conditions. 

I remember hadit  elder member and Admin/Moderator  Ms Carlie Cash getting a C&P Notification about her S.C. Conditions just out of the wild blue, as to which she email the VA Under Secretary Office (Allison Hinkey) at the time Immediately , stating the above mentions using the CFR 3.327 Reexaminations Regulations  and they cancelled her C&P  & I think that was a very intelligent thing to do, if this happens to some of us we should remember Ms Carlie post on this issue. 

Her post are in the hadit  historic archives. God Bless Ms Carlie

[Buck52]

I am a firm believer if a Veteran thinks or has direct medical evidence to link his  new condition he has now to his military service  via direct evidence or a secondary to a S.C. Condition,  I say file that claim  they sure ain't going to track us down and file the claim for us.

it maybe minor condition but could very well take his life years down the road and if its not S.C. then his/her spouse will have a hard time getting what she deserves.

[Gastone]

Troops, I've always believed in File Early - File often with regards to new DX Conditions that could be rated as  Direct or Secondary SC Issues. That philosophy has worked well for me and a few Vets I've talked to in past years.

As I posted a few months ago, a local Nam Vet 73 IU T & P NFE Scheduled, got together with his POA-VSO and filed a New AO Secondary Claim attempting to get his adult daughter with a significant learning disability, a place in the AO Presumptive List if the condition ever became an AO Presumptive. Both he and his VSO fully expected and were not surprised that he was called in for C & Ps and eventually Denied. I believe they expected to keep the Appeal Alive for up to 4/5 years hoping that the condition would be added to the AO Presumptives at some later date.

What he wasn't prepared for, was the VA "Intent to Reduce" notification regarding both his PTSD (the IU Qualifier) and the IU Rating back to a CSC less than that at the time of his IU Award. He's currently locked in an Appeal of the Reduction.

Hence, I've changed my mind. I now think that if a Vet is either IU T & P NFE and/or a Single SC at 100% receiving SMC S (1), he needs to weigh the Risk Vs Reward of filing a Low Value SC that currently would not change his Comp or SMC Status.