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VA Disability Claims Research
Post veterans compensation claims questions or answer for others. Read and research other veterans compensation claims experiences.
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29,664 questions in this forum
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Vcaa Notice Must Be Of Record...
Some of you have said you didn't receive the VCAA notice. Thought you might want this FYI. Note: The VCAA notice with all its enclosures (which are also called attachments and templates) must be of record in the claims file to document VA’s compliance with its statutory Title 38 § 5103(a) VCAA notice responsibility. Offices are not required to include in the claims file copies of any blank VA forms (e.g. VA Form 21-4138, VA Form 21-4142) issued with the notification letter. Can anyone tell me what I'm doing wrong that keeps posting weird formatting and codes?
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tdiu 100% Extra Scheduler Vs Tdiu
I am 80% rated service connected. I submitted a claim for increase for my back and hearing loss. The question is: If at the conclusion of the process and I am not rated 100% schedular, say I am 90%, and ask for an increase to 100% based on "extra-schedular rating" will this benefit me or not. I am retired Army and if I receive the 100% extra-schedular will I then receive 100% disability pay along with my 100% retired pay or will I just shoot myself in the foot? Or is it treated the same as TDIU which is not a benefit for 20+ year retirees until 2008?
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ptsd Kkp Needs Help Understanding
I would like some advice about my va claim. I have only posted here once but read new topics daily when home. It amazes me to no end at the thought that goes into some of the opinions by respondents. I filed a ptsd claim in feb, 2004. I was granted a 30% service connected decision on 22 feb 2005,without a c&p exam. we filed an appeal a week later,(I have realized from reading your forum that I didn't have a very into it type rep)but he for what ever reason only asked for 50% to be decided by a DRO.HE OF COuRSE DIDN'T look at the new evidence and denied our request for 50%.We then filed an appeal with the BVA june 7 2005. The ro set up a c&p exam for july 7 2005 …
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Good And Sufficient Cause?
Hi In my latest and I suppose final appeal, my case has at last reached Washington where it has been advanced on the docket for "good and sufficient cause" There was no elaboration however on what the good cause is. Any ideas? What might constitute good and sufficient cause and should I be hopeful because of this development? Any input would be greatly appreciated. Peace and thanks!
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tdiu 100% Unemployability
100% Unemployability, I applied for the 100% and was told “Entitlement to individual unemployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. Service connected disabilities currently evaluated, as 60% do not meet the scheduler requirements for entitlement to individual unemployability”. Then it goes on to explain the 60% for one or 70% combo rule. I’ve been out of work for a year. I had to take my SS early and put a reverse mortgage on the house to make ends meet. Since then I was connected with the 50%, “Major Depressive Disorder (Claimed as post traum…
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Standard For Reversal By Court Of Appeals - Resource
http://thomas.loc.gov/cgi-bin/cpquery/?&am...=TOC_41564& SECTION 501: STANDARD FOR REVERSAL BY COURT OF APPEALS FOR VETERANS CLAIMS OF ERRONEOUS FINDING OF FACT BY BOARD OF VETERANS' APPEALS Background Under 38 U.S.C. Sec. 7261(a)(4), CAVC applies a `clearly erroneous' standard of review to findings of fact made by BVA. The `clearly erroneous' standard has been defined as requiring CAVC to uphold BVA findings of fact if the findings are supported by `a plausible basis in the record . . . even if [CAVC] might not have reached the same factual determinations.' Wensch v. Principi, 15 Vet. App. 362, 366-68 (2001) (affirming BVA's denial of service connection w…
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Reporting Va Docs To
Someone asked a question here regarding this quite some time ago- I cannot find it in the search- I posted info I had from the State Medical Board in NY. Did anyone who asked- follow up on this and file a complaint with their state medical board regarding improper VA medical care? Does anyone remember how that topic was stated?
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tdiu Ssd And Tdiu
If the veteran collects 100% TDIU and also SSD (having paid over 40 quarters into the system), is the veteran's SSD offset by his VA disability compensation or vice versa? He is a medically retired veteran having served over 20 years, retired on a medical. Thanks.
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Clothing Allowance
$641 clothing allowance was in the bank today.
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Cold War Certificates
http://www.ussyorktown.com/yorktown/certcoldwar.htm Music's loud but my favorite song- Also men and women some state's have special recognition awards for vets. Your County Veterans Service Agency would know if they do and how to apply.
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Va Iris Inquery Users
If you have a regular claims status question the normal status question route is best way to go- It goes right to your VARO. If you have what you feel is a service complaint (dont we all) Check the service complaint box before you fill out your message. State it very clearly. Service complaints go to the VA Central Office and then on to your VARO. It might take a few days for reply on this type of query but it appears to me that at the VACO -VA Central Office Washington, DC some sort of documentation is being gathered on VARO service complaints.
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Bones Disease
Can anyone tell me if you had both knees replaced and they are not working because you have bone disease ( not sure what the name is ) if this could be related to AO and how would you go about proving it. Thanks in Advance JM's Wife
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