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VA Disability Claims Research
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29,662 questions in this forum
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Other Than Honorable Discharge
I have a friend that was discharged with an other than honorable discharge for drug use. Can he get his discharge upgraded? Can he get treatment from the VA with that type of discharge? Can he recieve VA disability compensation. He was diagnosed with major depression in the service and still suffers from depression. He has never been seen by physicians since leaving the service account his financial situation.
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§3.159 Department Of Veterans Affairs Assistance In Developing Claims.
§3.159 Department of Veterans Affairs assistance in developing claims. (a) Definitions. For purposes of this section, the following definitions apply: (1) Competent medical evidence means evidence provided by a person who is qualified through education, training, or experience to offer medical diagnoses, statements, or opinions. Competent medical evidence may also mean statements conveying sound medical principles found in medical treatises. It would also include statements contained in authoritative writings such as medical and scientific articles and research reports or analyses. (2) Competent lay evidence means any evidence not requiring that t…
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Vike17, Sixthscents - Repost Of A Question For Your Consideration
What's your take on the following statements taken from a BVA remand to the RO on a SC Housebound claim: "Recently the Court has clarified that housebound benefits are payable where the pertinent disabilities cause the veteran to be substantially confined to the home or its immediate premises, and that this requirement is met when the veteran is unable to leave the home to earn a living." Hartness v. Nicholson, 20 Vet. App. 216 (2006) Additionally, in the "case being Remanded for the following action" section it states: "The examiner should also opine as to whether the veteran is substantially confined to his dwelling or the immediate premises as a direct result of…
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Stuttering
I am stuttering also, once in a while.
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Federal Court Says That Va Must Start Processing
Vawatchdog post: Federal Court declares that Sec. VA Nicholson's stay on AO Blue-Water claims is 'unlawful'. Maybe. http://www.vawatchdog.org/07/nf07/nfJAN07/nf011007-8.htm
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Champva
Do I get to keep the ChampVA after my husbands death. He was 80% IU P&T. Did he have to live the 10 years or his death be service connected before I get to keep the ChampVA. Kathy
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ptsd Notified Of Rating
I spoke with a VA service rep this am and was told my claim is in for authorization and rating was completed last Friday. I can't believe this crap. He told me that I have been increased from 10% to 60% with retro back to April 05. My effective date of my claim is 25 Mar 05. The skull loss alone under diagnostic code 5296, inner and outer tables, for size exceeding 4.177cm or larger than a 50-cent piece at 50%. Both past and recent SMRs and VA medical records verified mine to be 4.5cm x 4.5cm. The skull loss was claimed in 1976 on the same claim form using the exact same medical evidence used when they awarded me 10% in 1976, for also claimed post concussion resid…
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Retroactive Chapter 35 Benefits
I was awarded p&t January 5th 2007 with an effective date of August 29, 2006. Can my wife get retroactive chapter 35 benefits back to August 29th?
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ptsd Another Question . . .
In reviewing my friend's c-file, I found he was hospitalized, back in 1983, complaining of a drinking problem and marital discord. His discharge summary lists 2 diagnoses: 1) Mixed character disorder, 2) Partial PTSD with depression. Now my question - if I recall correctly a VA hospital stay is supposed to be considered a "claim for increase." Since he was already receiving 50% for wound residuals, should the VA have rated these 2 diagnoses?? I think we should pursue it. pr
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Draft Of My Cue
I dont know if this will go through- had problems posting all AM here- This is a draft of one my CUEs- I did leave out of this copy full description of the evidence that I noted re: FTCA and EEOC case-but it was in what I filed. CUEs have to state the regs they broke and how you believe they broke them. As I mentioned before the VA denial (I requested reconsideration and they said they were working on it again) seemed to hinge on one point- they said the veteran had not filed a Section 1151 claim in his lifetime. My response was strong-and I pointed out that his dated Sec 1151 claim was right in the c file when I got a copy of it, with the PO receipt number o…
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Called Ro
Greetings, I contacted my local ro and the service rep informed me there was addtional claim for increase on my file and he gave me a code #020. Does anyone know what this means? Thank you and God bless. Bound4Heaven
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tdiu Two Questions
Hi, does anyone give validity to the fact that the longer a claim is at the rating board the better it is for the veteran's case? Also, what is the difference (or benefit, if any) of being rated 100% TDIU as oppossed to 90% TDIU receiving $$ at the 100% rate? Any help will be appreciated. Thank you. H.G.
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