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Not Sure - Would Really Like a Consensus
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Question
harry59
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!
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brokensoldier244th
55, Generally yes, and P&t are usually left alone. These ages are for any contention not just physical ones . You aren’t going to get reevaluated so soon after just winning your claim and
ShrekTheTank
I say to always go after it. If you are leaving anyone behind, you want them SC so they can get some benefits if something happens to you If you pass away from something that is not SC they
Carl the Engineer
When I was just starting out on my claims, I read that in order for my wife to receive DIC, I would have to die from a service connected condition. So, with that said, I kept adding conditions relate
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