Not Sure - Would Really Like a Consensus

[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!

[brokensoldier244th]

Probably a good idea, especially if you have continuing or new  evidence to submit. 

[Dustoff1970]

Harry due to  my block list I do not see some replies from certain others but if you msg me I can send you the docket number of my successful BVA OSA Apnea appeal. Unlike many BVA decisions it was short but SWEET. Twice now the BVA has overruled the same chicken *** VA C&P examiner in my two appeals.  The first they said his opinion was inadequate and second time they said his opinion was defective.

Good luck to you.

Edited April 2, 2022 by Dustoff 11

[harry59]

Thank you. Just sent you a message. 

[brokensoldier244th]

 Remember, his appeals and the results only apply to him- they aren’t binding across VA unless they are CAVC. 

[harry59]

Understood. I referenced several BVA cases identical to mine in my submitted veteran statements, as well as the VA directive outlining intermediate-step claims, but the rater still ignored it and denied. Not sure why, but any info is good info in my opinion. 

[Rivet62]

On 4/1/2022 at 6:04 PM, harry59 said:

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.

I called VA about this. My question for them was, why am I going to C&P exams for my unemployability claim when I'll be 60 this year, and do I not fall under M-21, Part IV? They said since I submitted a claim for increases (TDIU) that section doesn't apply. My understanding is that M-21, Part IV applies only to VA's initiation in its random selection of C&P requirements, but since I initiated a claim then I have also initiated the C&Ps that VA requires to process my new claim. Mind you, I am 80% not 100% P&T like you so undoubtedly there is a difference there.