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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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tinnitus Tinnitus - Cavc Case Might Be Of Importance To A Vet
http://www.warms.vba.va.gov/Cova/DECISION/2002dec/Thomas.doc carlie
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tinnitus Retroactivity
In April of 2005, the Court of Appeals for Veteran's Affairs handed down a verdict in the case of Smith vs. Nicholson. In short Smith was allowed a disability rating of 10% for each ear rather than a combined 10% for both ears, for having service connected tinnitus. I have the same condition as well as bilateral nerve deafness. I have appealed to the VA for increased compensation based on the Smith precedent. My question concerns retroactivity. I've been collecting this compensation since 1968. As the VA has wrongly applied the rule and I should prevail in my claim, that makes me feel I would be owed retractive payments back to the time when I first applied and wa…
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Job Title Of Va Employee Who Lost Data
I recently received word that the VA employee who had the data stolen from his home is actually a "senior policy analyst" GS 14 with 30+ years in the VA. Not some lowly "data analyst" If this is the way the VA leadership acts is there any wonder why the VA system is AFU?
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First 2006 Va Ogc Pres Op Now On Line
http://www1.va.gov/OGC/page.cfm?pg=63 "HELD: In a case where a veteran meets the eligibility requirements for Chapter 30 MGIB education benefits under both 38 U.S.C. §§ 3011 and 3012, the veteran has the right to claim entitlement under whichever of such sections is most advantageous to the veteran. This includes choosing to become entitled under section 3012 when that affords a later delimiting date for using those benefits pursuant to 38 U.S.C. § 3031(a)(1)."
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Any Links For Malpractice To Check Out Va Dr's?
Does anyone have any links to sites where you can check if your VA Doctor(s) - (or C&P examiner-mine was a nurse practitioner) have any board complaints or malpractice claims?
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Terry -your Cue Claim
How much time is left to file at the CAVC? Terry I went over discussions we had here back in Nov 2005 re: your CUE- I do believe you have a valid CUE claim- and I think this is key to it: the VA before -you were discharged -had evidence of your SC disability- You sure stated the Catch 22 well here recently - they can hide evidence , then when the vet finds it, it becomes "new" evidence, thus they stave off the EED. But CUE regs contain this phrase: In Damrel the Court held that for there to be clear and unmistakable error "(1) '[e]ither the correct facts, as they were known at the time, were not known before the adjudicator (i.e., more than …
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Statistics
Back in the days when Mr. Thompson was testifying to congress the VA kept statistics as to the percentage of claims that were originally denied without a C&P exam and later awarded when a C&P was provided. He testified that it was such a low rate that it did not justify the VA in scheduling a C&P for all claims. I would like to know if the VA keeps statistics on the number of claims that fall into the following categories. Claims originally denied and closed that were later reopened and awarded at any level on evidence that existed in the file at the time of the original denial. Claims originally denied and closed that were later reopened and award…
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I Have Another I Really Need Help With
dear frienss my problems grt longer each day i hope we can find a answer. have a child that is on ssd since the age of 20 i know you have to proove helpless child under age 18 i have proved thah in 1978 we sent in all medical records to va original from the doctor who was treating him . he was born with a taratoma tumor this tumor starts out as a twin for some reason it stopes groeing but lives at the stage it stopped growing this tumor is very rear varo has the original records is sent yo va never did i think they would be so rotten to keep the original records. the doctor is dead and all his records a gone this in in the 1978 claim no records found the only proof i ha…
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ptsd Mixed Messages
MY husband saw his VA primary physician for extreme stomach pain that was radiating into his back. We thought it was side effects of medications- his Dr. said it was "stress" related and refered him to the mental health clinic at the vet center. When he presented for the appt. the first thing the psychologist said was how this appt had nothing to do with any claim filed with the VA and had nothing to do with ptsd. Since my husband has filed for compensation which includes ptsd as part of the claim the psychologists statement caught him offguard. Anyway they continued with the appt. and he was given a 12 months RX for a depression /mood disorder. Yesterday we went to …
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Dav And Lawyers
I see the DAV is asking its members to oppose letting lawyers into the claims process before the COVA. What do they have to fear if their representation is so good?
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Desperately Need Help Please Post
Hey all, I posted earlier, but only recieved 1 response and 32 views, I need feedback on this one. I recently recieved a decision getting 20, 10,10 and 10. In regards to the left shoulder bursitis it says 10%, but later on in the ratings decision it says under Deluca, 10% is added to the intial 10% for an overall of 20% for the left shoulder. It appears the Va has made an error. How long after you file the disagreement/request for correction does the Va usually act on these mistakes? Please reply!
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Question For Don
Don -you recently posted here at hadit an excellent scope of what is what with a claim- step by step- and I am interested in this point you have made. "The rating board shouldn't have to look at a c-file unless all issues are "ready-to-rate" without a formal" etc In January the 800ers were telling me there were three separate authorizations noted on the PC for on my claim (but they could not say which claim) then it went through a few more steps and has been at the rating board for about two months.Both issues- In all my past experience with VA- I dont know if this sounds good or bad. That is where I would want it to be- right? at the rating board? …
0 votes5 answers