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    • Yeah, I know that, but in a cinch it gives me safety net and a failsafe net in case I am out of IU for any reason.   thanks for your insights!
    • The SMC K, as far as Male Vets are concerned, is generally Awarded to address ED, loss of use of a productive organ. A Vet, male or female, can have multiple "K" Awards. SC Neuropathies (Bi-Lateral) if eligible, are addressed with the SMC L Award when the appendages function no better than if amputated.
    • That said (no single 100% SC), even if you were to receive the New SA 50% SC, regardless of the Scheduler CSC total, you would continue to be Rated as IU with the SMC S.
    • Probably one of the first things you need to do is file a 'substituition of claimant" if you have not already.  This will allow you to take his place (when filing claims in his behalf).  https://www.va.gov/vaforms/form_detail.asp?FormNo=21P-0847
    • So very happy I found this site!  My beautiful husband was a Viet Nam vet, Navy, 1959-1963. Sadly, he passed away April 3 of this year.  He fell very ill in December 2012, which started his fast decline with his health.  February of 2013, I started his disability claim.  He had been diagnosed  by the Veterans Hospital Psychiatrist with PTSD, as a result of combat.  The social worker also wanted us to claim for ischemic heart disease.   So I did.  I sought out the help of a "Specialist" through our county's Veterans Assistance.  I didn't find him very helpful.   But, I submitted the claim anyway.  I was notified that I needed to add some info, so I did.  Some months later, we received a letter from the VA stating that they had received our info and they are looking into it.  In late summer of 2014, I contacted my Senior Senator, Dick Durbin.  I sent his office all of the paperwork that they requested.  Several months later, I received a letter from Durbin stating that the VA had contacted them and there wasn't a case.  The very next day, we received a letter from the VA saying pretty much the same thing.   I had every intention of continuing to fight, but my husband's health was getting worse, I was working full time and trying to maintain our home and raise a teenager.  My life was chaotic.  It took everything I had just to get through each day.   Fast forward to now.  I contacted my Junior Senator, Tammy Duckworth back in May.  Sent her office all of the information.  Checking in with her office this week, I found out that my case hadn't even been assigned to anyone.  I was not a happy camper. I was assured that I will be getting a call within a week from someone who will be looking into my case. In the meantime, I fear losing my house.  When Dennis passed, I lost almost $2000 per month.  There was no life insurance....long story.  I had no idea that this process would take so long, plus they haven't even started looking at it again.   I seem to find out new stuff everyday.  He has a seizure disorder......AO causes that.  Ischemic heart disease......AO causes that.....plus, he had several strokes that were ischemic.  Were they related to AO also? Any help, or suggestions from anyone would be greatly appreciated. Thank you
    • I read somewhere that ones  primary or originated condition would be the main condition, in my case it is the left leg condition from which other conditions are related. For instance my MH condtion (which is rated at 70%) is mostly attribute to my left leg condition (pain and difficult of mobility). But, then, I also read somewhere that the condition with higher rating is considered the main condition which seems to be the correct one. I understand how the VA math works, the whole body theory and how the main condition can precede the other conditions that it ties together: after 70% disability, there would 30% of a whole body which the other conditions would affect, etc. But what are the odds that any rater would give anything but schedular 100%? Besides the MH rated at 70%, I don't have any condition above 30% so the SMC comes from the fact that I have peripheral neuropathy on my left foot rated at 20%. The neuropathy would be considered a loss of a sensorial part of the body and thus would grant me the SMC. thanks  
    • Not sure if I am on the right track but my draft letter below should spell out most  of the details. Interested in the thoughts of those with experience.   Thanks   PS: I love this website but is time consuming.   re:        Veteran: XXXXXXX X. XXXXXXXX C-file: XXX XX XXXX   CLAIM OF CLEAR AND UNMISTAKABLE ERROR IAW 38 CFR 3.105(a)   Dear Sir/Madam:   This letter is regarding a decision on my claim for an increase in service compensation dated November 22, 2004 (Exhibit 1). A copy of the letter informing me of the decision dated May 5, 2005 along with the associated Rating Decision, dated April 29, 2005, is attached (Exhibit 2). The Rating Decision increased the rating for my service connected Degenerative Disc Disease from 0% disabling to 20% disabling effective November 29, 2004. This decision resulted in a new overall or combined rating of 30% as detailed in the May 5, 2005 letter. I am requesting the Rating Decision, dated April 29, 2005 (Exhibit 1) be amended to conform to the “true” state of the facts and the law extant at the time of the adjudication. Facts:            The Rating Decision dated April 29, 2005 lists evidence supporting the decision which includes in part the “VA examination (Germany) dated February 23, 2005” (Exhibit 3).      The VA Examination titled “The Orthopedic Protocol Examination Report on XXXXX XXXXXXXXXXX C/SSN: XXX XX XXXX” dated February 23, 2005, contains an orthopedic diagnosis which includes “chronic radiculopathy L4 on the right”.  In the same report, the examiner opined in part “the present status (herniation of 3 lumbar discs with radiculopathy on the right side) is consistent with worsening of the established sc degenerative disc disease of the lumbar spine.”            Evidence of record extant at the time of the rating decision is absent evidence that rebuts the results of the VA Examination.            Evidence of record extant at the time of the rating decision is silent any inadequacies regarding the diagnosis detailed in the examination report; the findings supporting the diagnosis detailed in the examination report; or the sufficiency of detail in the examination report for evaluation purposes.  The Rating Decision dated April 29, 2005 is silent of the subject of the diagnosed radiculopathy nor does it make any mention of the neurological symptomatology detailed in the examination report.   Evidence of record extant at the time of the rating decision include records of treatment from the Louisville, KY VAMC dated 04 Jun 2003 to include treatment for “Chronic low back pain” and prescriptions for treatment pain and muscle spasms. Diagnostic radiology reports from 4 Jun 2003 document mild scoliosis (levoscoliosis) and degenerative spur formation at the L3 and 4 level. Findings of clear and unmistakable error (CUE):           The adjudication of my claim for an increase in service compensation dated November 22, 2004 incorrectly applied or failed to apply the provisions of 38 CFR Ch. I (7–1–04 Edition) § 4.71a which states under “General Rating Formula for Diseases and Injuries of the Spine” in part “Evaluate any associated objective neurologic abnormalities, including, but not limited to, bowel or bladder impairment, separately, under an appropriate diagnostic code.”           The adjudication of my claim for an increase in service compensation dated November 22, 2004 incorrectly applied or failed to apply the provisions of 38 CFR Ch. I (7–1–04 Edition) § 3.157 under “(a) General” which states in part “Effective date of pension or compensation benefits, if otherwise in order, will be the date of receipt of a claim or the date when entitlement arose, whichever is the later. A report of examination or hospitalization which meets the requirements of this section will be accepted as an informal claim for benefits under an existing law or for benefits under a liberalizing law or Department of Veterans Affairs issue, if the report relates to a disability which may establish entitlement.” I make this request as a clear and unmistakable error (CUE) exists in that either the correct facts, as they were known at the time, were not before the adjudicator, (e.g., the adjudicator overlooked them) or the statutory or regulatory provisions extant at the time were incorrectly applied. The errors are of the sort which, had they not been made, would have manifestly changed the outcome at the time they were made. A reasonable mind, having reviewed all the facts known at the time, would have concluded the following:            The effective date of any increase in pension or compensation benefits resulting from the Rating Decision dated April 29, 2005 should be June 4, 2003, date of the informal claim, and not November 29, 2004 as detailed in the Rating Decision.            Neurologic abnormalities related to the service connected degenerative disc disease were present at the time of the VA examination completed on February 23, 2005; that the competent medical evidence of record supports that conclusion and that the neurologic abnormalities should be rated separately under the appropriate diagnostic codes.           The terms “Mild”, “Moderate”, Moderately Severe”, and “Severe” are not defined in the Rating Schedule.   The competent medical evidence of record finds that “There is noted a severe restriction of the lumbar motion and function” and that “All thoracolumbar motions were conducted slowly and carefully”. The neurological symptomatology in my lower extremities is productive of severe limitation of motion and function, continuous pain on use and recurrent severe flare-ups after trivial motions which more closely approximates moderately severe incomplete paralysis of the sciatic nerve.            The competent medical evidence of record finds that “There is noted a severe restriction of the lumbar motion and function” and that “All thoracolumbar motions were conducted slowly and carefully”. The neurological symptomatology in my lower extremities is productive of severe limitation of motion and function, continuous pain on use and recurrent severe flare-ups after trivial motions which more closely approximates severe incomplete paralysis of the anterior crural nerve (femoral).          Records of treatment for chronic low back pain at the Louisville, KY VAMC on June 4, 2003 documents the receipt of an informal claim for increase in the back condition establishing the proper effective date for increase as June 4, 2003, the date of receipt of the informal claim.   I respectfully request your prompt consideration of this request and that any decisions be expedited to ensure efficient processing and minimize incorrect payments. Thank you for your service to the Veterans of this nation.   Regards,   XXXXXX X XXXXXXXXX Veteran  
    • good stuff, let them cut the pizza how they want, long as they give the whole box to the vet!!! sometimes I think the VA cannot discern between a symptom of a disease or injury, or the disease or injury itself BACK STRAIN.. now thats a symptom, but it sound very mild. so the V loves it. have you ever heard a real doctor say,,, ohh yes, patient  stiiffypoke,, that poor guy, hes had a back strain for 10 years now.. a back strain is a mild, short term injury.  Not something that goes on for years. but you see , they dont want to know the extent of the problem, because it forces additional comp. so they quickly give u the ole faithful back strain diagnosis, your empty peanut shell rating, and hope u go away. yes you can go away mad, but just go away.  hell they will pay you less in 5 years at 10 percent than what a full spine MRI costs.. very clever they are .  
    • """I ask her if she can write me a letter telling about my Chronic PTSD and the High anxiety I have being around  lot of people , I need this letter to excuse me from jury duty, she said yes I can do that  she did and all was ok... """  THAT WAS SLICK MY FRIEND. ha yes Buck, I always look at the whys of situations. I think that these Drs are getting ass chewings from the regional offices who are handling the claims. when someone doesnt want to do something that otherwise seems like a simple task, there usually is a reason behind it. The doctors are experiencing some sort of unpleasant result of writing these DBQs. The form is  simple, short and easy enough for a 6 year old to fill out, so thats not the problem. there has to be repercussions that are taking place. Its occassionally throwing monkey wrenches in the RO s claim denial processes.  my wife said same thing, her doctor instantly sat straight as a board, like a hemmoroid busted in her tighty whities, and her whole demeanor changed, and she barked out a loud and clear "I DONT WRITE DBQS FOR NOBODY, VA OR SOCIAL SECURITY".    like she was pronouncing her constitution or something.. ha
    • You are right about pyramiding but you can receive consideration for multiple issues.  Like PTSD and depression, it does not get rated but may increase your rating.  Go figure right?
    • I was under the impression that a vet can only be service connected for a specific mental disorder, like you cant get 20 for anxiety, 20 for depression, 30 for  ptsd, ect, its called pyramiding. 
    • the only reason they should ask to see you bend is if your spine was fused, and they want to see how much flexion you have lost. its ridiculous I tell ya.    Ive been recieving alot of treatment on my spine, and learned alot. Once again, I have NEVER been asked to demonstrate how far I could bend, by any medical professional. so where the Va got this hokus pokus  test is a mystery to me.  just some   mechanical test  so the vet  buys the scam I imagine. when you go see a pain doctor, neurologist, ect you know what they say... SHOW ME THE MRI report... !!! they dont say, bend over ..  it may say that on your bill, but not your diagnosis. LOL
    • I have the letters of withdrawal.  I have supplied them to the VA but VARO still hasn't removed her from my file.  Don't need anything more from MS. Ellermann.  She sent her original letter of withdrawal also to VARO and the Evidence Center.  I'm hoping my chat with eBenefits will finally get her taken off the case. I've been trying to get an attorney for the 10th Circuit Court of Appeals.  I have to file my Pro Se "notice of appearance" next.  Then a brief within 40 days of July 17, 2018.  Have it under control I think.  The informal form will help a lot.
    • Well I made my way down to ch 31 office yesterday. Ask about my item told they waiting on referral from hospital. Ok than this lady sit in my face an say you look like u loss weigh. Now part of my plan was to teach me how to cook. Been married never had to cook. I was granted in home cook classes. Never give for 3 yrs  I was granted automobile adapts never given Ok today I call oig an made complaint these are medical device an there holding them up. Now I am about to file my tort claim oh I lost weigh ok.  I just b venting
    • There are a few attorneys with her same name and one was with the Vets ProBono Consortorium I believe- I have no idea how you could contact her through ebenefits- I am lost here-maybe she is a VSO at theRO? others will help
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    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

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    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
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      VA Emergency Medical Care
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    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
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  1. General VA Disability Compensation Benefits Claims Forums

    1. VA Disability Compensation Benefits Claims Research Forum

      VA Disability Compensation benefits discussions. Post veterans compensation claims questions or answer for others. Read and research other veterans compensation claims experiences.

      Tip:

      • Start a new topic with your question.
      • Do not post your question in someone else's post. We don't want your question to get lost.
      185,728
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    2. Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

      Appealing your Veterans Compensation Disability Claims decision usually starts with the Notice of Disagreement (NOD)

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    3. Veterans Compensation & Pension Exams

      Compensation and Pension Exams -

      Please only posts questions regarding Compensation and Pension Exams

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    4. E-Benefits Questions

      Please post your E-Benefits questions in this forum.

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    5. Vets.gov

      Vets.gov is a new VA site set up with the following goals:

      • Unifying and simplifying VA’s digital touch points, dramatically improving customer experience
      • Meeting customer need on the first try, on any device
      • Creating a mobile-first platform
      • Retooling existing applications and designing new end-to-end experiences, in partnership with business owners across VA
      • Providing transparency about our methods and processes
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    6. 16,224
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    7. Entitlement - Veterans Compensation Benefits Claims

      Once you know you are eligible for Veterans Disability Compensation, the question then becomes are you entitled to it by law. This is where to post those questions. it's OK, if you are feeling confused this is not at all unusual it can be a very confusing system. If you were injured in service and have a question about whether you are entitled to file a claim, post it here.

      Law 38C.F.R.3.4 (a) Disability compensation. (1) Basic entitlement for a veteran exists if the veteran is disabled as the result of a personal injury or
      disease (including aggravation of a condition existing prior to service)
      while in active service if the injury or the disease was incurred or
      aggravated in line of duty.

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    8. Eligibility - Veterans Compensation Benefit Claims

      Questions concerning eligibility for veterans compensation benefits. Eligibility - Veterans Disability Compensation,

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    9. CHAMPVA

      The Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) is a comprehensive health care program in which the VA shares the cost of covered health care services and supplies with eligible beneficiaries.

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    11. 5,729
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    12. Success Stories

      Post your successes and read others, VA success, Social Security success, leaving the house whatever it might be.

      This forum is dedicated to Carla Croft "CarlieCash" a dedicated member, moderator and admin from 2005 - 2015. She gave tirelessly to veterans here and all over the internet. Nothing she loved more than a successful adjudication. She remains in our hearts always.

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    13. OEF/OIF Veterans

      Welcome Home Brothers and Sisters - This forum is for our returning troops from Iraq and Afghanistan.

      We will guide you as to which forums your questions will get the most eyes on it.

      We want to provide help and guidance for you, if there is something you think would be beneficial for you let us know.

      1,092
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    14. VA Caregiver Benefits for Post 9/11 Veterans

      The Program of Comprehensive Assistance for Family Caregivers offers enhanced support for Caregivers of eligible Veterans seriously injured in the line of duty on or after September 11, 2001. Enhanced services for eligible participants may include a financial stipend, access to health care insurance, mental health services and counseling, caregiver training, and respite care. 

      Who is eligible?

      Veterans eligible for this program must:

      • have sustained or aggravated a serious injury — including traumatic brain injury, psychological trauma or other mental disorder — in the line of duty, on or after September 11, 2001; and
      • be in need of personal care services to perform one or more activities of daily living and/or need supervision or protection based on symptoms or residuals of neurological impairment or injury.
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    17. Veterans Benefits State & Federal

      Post your links and information about state and federal benefits available to disabled veterans.

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    18. VA Medical Centers Navigating through it

      To assist the veteran by providing assistance in navigating through the Veterans Affairs Medical centers.

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    19. Medication – Prescription Drugs-Health Issues

      Looking for folks who are the same medication as you and what they think of it. Exercise, diet ideas. Remember we are not giving professional advice, and you should consult your doctor regarding any and all health issues you may be concerned with.

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    20. VA Training & Fast letters, Directives, Regulations, Other Guidance Documents

      VA Training & Fast letters, Directives, Regulations, Other Guidance Documents

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    21. MEB/PEB Physical OR Medical Evaluation Forum   (9,506 visits to this link)

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    23. 34
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  2. VA Claims References

    1. Title 38 / 38 CFR   (24,530 visits to this link)

      Title 38 Pensions, Bonuses, and Veterans' Relief also called 38 CFR. CFR stands for Code of Federal Regulations.

      Everything Veterans Affairs does with your service connected disability compensation claim, is goverened by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

    2. 38 CFR 3 Adjudication   (25,238 visits to this link)

      38CFR3 is the part of the Code of Federal Regulations Title 38 that deals with the adjudication of a veterans compensation claim.

    3. 38 CFR 4 Schedule for Rating Disabilities   (41,468 visits to this link)

      This part of Title 38 of the Code of Federal Regulations list specific disabilities and what symptoms or effects equate to what percentage of disability is to be assigned.

  3. Specialized Claims

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    5. ALS - Amyotrophic Lateral Sclerosis

      Veterans with amyotrophic lateral sclerosis (ALS) may receive badly-needed support for themselves and their families after the Department of Veterans Affairs (VA) announced today that ALS will become a presumptively compensable illness for all veterans with 90 days or more of continuously active service in the military.

      179
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    6. MST - Military Sexual Trauma

      A good site for these claims is http://www.vetwow.com

      This is a very sensitive issue, triggers abound so be careful. Remember whenever you post something on the internet it is there for everyone to see forever. So be cautious with what you share however if you have a claims question we want to help.

      1,556
      posts
    7. Radiation Exposure from Operation Tomodachi (Japan Earthquake Fukushima Nuclear Assistant)

      Operation Tomodachi, Tomodachi Sakusen?, lit. "Operation Friend(s)") was a United States Armed Forces assistance operation to support Japan in disaster relief following the 2011 Tōhoku earthquake and tsunami. The operation took place from 12 March to 4 May 2011; involved 24,000 U.S. servicemembers, 189 aircraft, and 24 naval ships; and cost $90 million.[1]

      17
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    11. DIC

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    12. 869
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    13. 1151 Claims

      Claims under 38 U.S.C. § 1151

      Benefits for additional disability or death caused by VA medical care is government by 38 U.S.C. § 1151. Claims under § 1151 are a different species than service-connected disability claims, but they are compensated in a similar manner as service-connected disability claims. To prove a § 1151 claim, a claimant must show that the veteran’s death or his additional disability was caused by negligent VA medical care or by some unforeseeable complication of the VA medical care.

      272
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  4. Veterans Helping Veterans Podcast

    1. Veterans Helping Veterans VA Claims Podcast

      Veterans Helping Veterans Podcast: Shows deal with a wide range of Veterans Affairs Claims and Benefits.

      Listen here live and archived show: http://www.blogtalkradio.com/haditcom

      1,768
      posts
  5. Extras

    1. Hiring an Attorney Discussions on S. 3421

      An Act
      To amend title 38, United States Code, to repeal certain limitations on attorney representation of claimants for benefits under laws administered by the Secretary of Veterans Affairs, to expand eligibility for the Survivors' and Dependents' Educational Assistance Program, to otherwise improve veterans' benefits, memorial affairs, and health-care programs, to enhance information security programs of the Department of Veterans Affairs, and for other purposes.

      979
      posts
    2. Social Security Disability Questions

      SSDI many of our veterans have gone through the SSDI process as well as the VA Claims process, We are no experts in SSDI however perhaps we can offer some assistance.

      6,732
      posts
    3. VA Scandals

      Shreddergate and other scandals

      On the 13th of October, 2008, VA Watchdog dot Org broke the story about documents found in shredder bins at the VA's Detroit Regional Office.

      A number of those documents were critical to veterans' disability claims.

      As the story unfolded, VA finally began to release information on the incident and we learned that more than one Regional Office was involved in this shredder scandal.

      The VA's Office of Inspector General (VAOIG) is investigating.

      VA has instituted new guidelines regarding handling of documents.

      2,030
      posts
    4. Discounts for Veterans

      if you know of a store or other that gives a discount to veterans, post it here. Share the Wealth :)

      509
      posts
    5. Federal Register Announcements

      Read Only Forum

      Veterans Affairs Federal Register Announcements. The Federal Register is where they propose changes, announce meetings and ask for public comment.

      76
      posts
    6. Active Duty MEB/PEB Physical OR Medical Evaluation Forum   (29,386 visits to this link)

      Still on Active Duty? Try this forum MEB/PEB This link will take you to another forum not affiliated in way with HadIt.com. It is set up for MEB/PEB questions. Please do come back here for your VA Claims Questions

  6. Club Forums

    1. 8
      posts
      • No posts here yet
  • Most Common VA Disabilities Claimed for Compensation:   

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