Hello all,
I just found this site and did a search hoping to find an answer to my question, but didn't have any luck. So, I thought I would sign up and post my first question. Here goes...
To give a little background on my situation; I retired from the military in the late 90's and have been rated at 70% from the VA since 2001. Mostly for lower back issues. Because of my lower back, I haven't been able to exercise or do any strenuous activity since about 2000 and have gained weight because of it. I waited 20 years until my rating was protected until I filed for secondaries. So, in September, 2021 I filed my claims with the VA. Some of my claims were approved, some were denied. Most of the secondary claims I submitted were submitted using obesity as the "intermediate-step" for the claim. Even though the VA supposedly recognizes weight-related claims, they denied all of mine. In any case, I received my Decision Letter in March and was awarded 100% P&T. The VA Decision Letter stated that "no future examination will be requested."
Two of the weight-related claims that the VA denied were for Hypertension and Obstructive Sleep Apnea (OSA). As you know, these are serious conditions that my submitted evidence shows were caused by my weight gain, due to my back. These two conditions could easily be a contributing factor in death. In the Decision Letter, it stated that the VA confirmed the diagnosis of these conditions but found no direct relationship to my lower back issue. Even though I made it VERY clear in my submitted veteran statements that I was using my weight as the "intermediate-step" in these secondary claims, and my submitted Nexus Letters also stated weight as the cause, the VA raters ignored the "step" and denied these secondaries at the supplemental level. I am still well within my 1 year appeal window.
So, my questions are:
1. Since Hypertension and OSA are serious conditions that could possibly be a contributing factor in death, should I fight these two denied secondary conditions so my spouse could file for Dependency and Indemnity Compensation (DIC)?
2. Or should I not "rock the boat" and (God willing) wait the 10 years when my spouse would be eligible for DIC anyway?
3. If I do appeal, should I do a HLR or go straight to the BVA?
4. Has anyone else had success with "intermediate-step" claims with a HLR? I know the BVA recognizes them.
I appreciate any and all replies. Thank you!
I just found this site and did a search hoping to find an answer to my question, but didn't have any luck. So, I thought I would sign up and post my first question. Here goes...
To give a little background on my situation; I retired from the military in the late 90's and have been rated at 70% from the VA since 2001. Mostly for lower back issues. Because of my lower back, I haven't been able to exercise or do any strenuous activity since about 2000 and have gained weight because of it. I waited 20 years until my rating was protected until I filed for secondaries. So, in September, 2021 I filed my claims with the VA. Some of my claims were approved, some were denied. Most of the secondary claims I submitted were submitted using obesity as the "intermediate-step" for the claim. Even though the VA supposedly recognizes weight-related claims, they denied all of mine. In any case, I received my Decision Letter in March and was awarded 100% P&T. The VA Decision Letter stated that "no future examination will be requested."
Two of the weight-related claims that the VA denied were for Hypertension and Obstructive Sleep Apnea (OSA). As you know, these are serious conditions that my submitted evidence shows were caused by my weight gain, due to my back. These two conditions could easily be a contributing factor in death. In the Decision Letter, it stated that the VA confirmed the diagnosis of these conditions but found no direct relationship to my lower back issue. Even though I made it VERY clear in my submitted veteran statements that I was using my weight as the "intermediate-step" in these secondary claims, and my submitted Nexus Letters also stated weight as the cause, the VA raters ignored the "step" and denied these secondaries at the supplemental level. I am still well within my 1 year appeal window.
So, my questions are:
1. Since Hypertension and OSA are serious conditions that could possibly be a contributing factor in death, should I fight these two denied secondary conditions so my spouse could file for Dependency and Indemnity Compensation (DIC)?
2. Or should I not "rock the boat" and (God willing) wait the 10 years when my spouse would be eligible for DIC anyway?
3. If I do appeal, should I do a HLR or go straight to the BVA?
4. Has anyone else had success with "intermediate-step" claims with a HLR? I know the BVA recognizes them.
I appreciate any and all replies. Thank you!