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VA Disability Claims Research
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29,664 questions in this forum
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ptsd This Is Some Story
HI GUYS WHAT I AM WRITING I CAN EXPLAINE HOE I FEEL ,HERE GOES I HAVE PUT A TOPIC, ON PROBLEMS WITH INSURANCE AND MY RECORDS OF 46-49-52-56, IN EACH BRANCH OR SERVICE I HAVE A SERVICE CONNECTION FOR BOTH AIR FORCE AND NAVY, 3 TIMES OVER THE YEARS I HAVE TRIED TO GET MY RECORDS IN 71-78 I TRIED AGAIN VA STATED NO RECORDS FOUND. IN 2004, I GET THIS LETTER THIS IS TO CERTIFY THAT THE US DEPT OF VETERANS AFFAIRS DISCLOSE YOU ARE100% PERMANANENT AND TOTAL EVALUATION FOR YOUR WARTIME SERVICE-CONNECTED DISABILITY,THIS IS IN ACCORDANCE WITH VA RATING SCHEDULE AND NOT SO EVALUATED BECAUSE OF HOSPITALIZATION OR SURGERY AND RECUPERATION. I WSA IN JAPAN HOSPITAL 7 MONTHS FOR PUNCHER…
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Axis 3
Does Axis 3(physical conditions) espeially if it is non sc conditions, play a role into the rating process? Thanks sbrewer
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To Cue Legal Beagles-
"In Damrel v. Brown, 6 Vet. App. 242, 246 (1994), the CAVC held that the constructive notice rule first announced in Bell was not applicable to decisions rendered prior to Bell and held that where CAVC opinions formulate new interpretations of the law subsequent to an RO decision, those holdings cannot be the basis of a valid CUE claim. Although the CAVC has recognized that a viable CUE claim may be premised on the theory that the RO had failed to consider evidence of a high probative value, the Court has made it clear that, for such a claim to succeed as to an RO decision issued prior to February 1990, the RO must have denied the very existence of …
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Don - A Little Help Please
Don, Can you give me a URL to this please. Thanks, carlie Where the basis of a Section 1151 claim was a sexual assault by a VA physician during examination or treatment at a VA facility, the VA General Counsel determined that the veteran could receive disability compensation if the actions that were alleged to have constituted the assault would fall within the ordinary meaning of the terms “medical treatment” or “examination,” (assuming all other statutory requirements were fulfilled).94 This GC opinion considered the earlier version of the statute and is discussed in further detail in Section 4.3.2.
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Factual Error
From Terrys decision, "the veterans has not sef forth allegatons of clear and unmistakable error, either of fact or law in teh". Can a factual error be the basis of a CUE. I remember talking to my SO and told him something that I cannot remember and he said that there was a factual error. He immediately pulled out a statement in support of the claim and notified the RO of a factual error. Lets say a claim was denied because the RO determined that the veteran was not treated for a skin disorder while on active duty. Many years later the SMR shows that the veteran was infact treated for a skin disorder. Might this be a factual error that would be sufficient for a…
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Presumption Of Soundness Rule (cue)
How helpful if any can the Presumption of Soundness Rule be in a CUE claim.
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Bilateral Factor
Good Mornig ALL, I downloaded and read the DM training letter. It states diabetic neuropathy as secondary condition. When PN is dx and SC to DMII, how is the rating done and specifically how is the "bilateral factor" applied in determining a rating? Thanks.
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Question On This Cue
I regret the BVA web site is down but I copied this brief info from an older post I made on this claim- my question is- do you all interpret this to mean that the veteran, under CUE recovered retro back to 1946? http://www.va.gov/vetapp00/files3/0029491.txt "CONCLUSIONS OF LAW 1. The unappealed January 1946 rating action denying service connection for residuals of injury of the right 4th (ring) finger, then consisting of amputation at the proximal interphalangeal joint, was final as to the evidence then considered. Veterans Regulation No. 2(a), pt. II, par. III; VA Regulation 1008 (effective 25 January 1936 to 31 December 1957); 38 U.S.C.A. §§ 1110…
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Fibromyalgia
What are the rating percentages for fibromyalgia? I look at the c.f.r. title 38 part 4 and I don't see fibromyalgia. I found chronic fatigue syndrome but not fibromyalgia.
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Should I Add New Evidence?
Hey experts, I'm new at this so bear with me please. I filed a claim in 2004 via the internet. Months went by before I got a response from the VA. In the packet of papers they sent was a note telling me to sign the signature sheet and that I had forgotten to do it when I filed.there was no way for me to sign a sheet that didn't exist on the website. The last letter I got from them asks me if I have any new evidence to present to them before they make a decision on my claim filed November 2005, almost a year after I filed on the web. Are they trying to pull something here? Also, my claim is for exposure to JP-4 and consists NHL,migraines,seizures, and bra…
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ptsd Clear And Unmistakable Error
One of my vet org vets just asked me all this and I have problems finding my past CUE posts under the search thing. But maybe -as a new topic -this will help others find the legal bases for CUE- Failure of VA -in final decision- to use presumption of aggravation of service connection regulations in existence at time of alleged CUE-in regards to a pre-existing disability as aggravated by service : see Joyce V Nicholson, Sondel V. West , Akins V Derwinski. Failure of VA-in a final VA decision-to proper apply the Rating schedule and proper diagnostic code to a disability- which by medical evidence-should have been rated higher- see Bentley V. Derwinski- The CA…
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Effedtive Date
If you file for an increase March 10, and you are increased to 50% or more, would the effective date be March 10 or April ? Also if you received medicines March 10 or later, would you be reimbersed for them? Thanks, sbrewer
0 votes1 answer