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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)
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1,331 questions in this forum
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VA compensation claim
I filed a claim for PTSD and it came back denied. Insufficient evidence. I never received a C&P exam. I was stationed out in Japan during this time. My deployments were from 2010-2012, out in the Asian western pacific. How can I get this over turned or appealed properly?
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Accident and Hernias
When I was in the service I had an accident in a self propelled howitzer. It was a training exercise and I had my left rib cage with all of the cartilage torn. This caused my biggest and worst hernia. I have since had two more Hernia surgeries. My question is should I file for this? I am rated at 0% for the first one they fixed.
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Historical Pay Charts
Hello Hadit community, I am looking for and have been unable to find the pay chart from 1995-1998. The VA's site goes back to 1999 but no further. I have seen the chart that TBird has posted but it doesn't show the dependent's rates. If anyone knows the links on the VA site or some other site with this info, it will help me calculate my backpay award better. I got a large award but as several people have indicated, the VA may still be 5 figures off. I thank you all in advance. Atlcocky
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retroactive backpay/Intent to file
I'm trying to figure how Va calculate retroactive backpay. I was rated at 80% prior to submitting my intent to file. My intent to file was submitted around 14 March 2023. I recently received a rating of 100% around December 2023. Around 9 months. Should I be receiving the difference between 80 and 100% which would be around 1800 per month for 9 months, or should I receive 20% x 9 months. I received a deposit of $4200 with isn't adding up. Any help calculating this is appreciated.
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How far back can compensation claims be made.
I was approved on a PTSD compensation claim made 9 months ago. I was back paid for 9 months. That's great. I was given 30%. Now I'm wondering, should I or can I try to get compensation from the beginning of this nasty issue, that started back in 1968 in VietNam? My local VO say's that I can't, period. All my issues started in 68 and just continued. My question(s): do I have the right to get involved in a legal firm that handles such cases and is it really worth the effort and trouble to do this and/or is this just a waste of my time in the end? I surly need some good advice and recommendations if any.
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SMC S1
I perused this site and found it informative and supportive. I noticed on ebenefits under additional benefits that my husband is entitled to special monthly compensation under 38 U.S.C. 1114 subsection (s) and 38 CFR 3.350(I) from 8/31/2016 to 9/1/2016; rated date 2.4.2023. Based on the information on this site, he has met the criteria regarding housebound (with my understanding for veterans who are unable to overcome their particular disabilities and leave the house in order to earn an income...) Senate Report No. 1745 June 27, 1960 . And according to ebenefits, on account of bladder cancer in remission (Nehmer Granted) rated 100 percent and additional service-connect…
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Unwanted TDUI app
I was granted my claimed conditions in July by the BVA after close to 10 years of appeals. The VA regional office quickly got a decision letter together. 1. They rated sinusitis 30 and GERD 10 (should have been 30) based on my personal physician DBQs from 2015. Both were deferred and said: entitlement to higher evaluation is deferred for VA examination. The Cp examiner deemed both worse and VA increased but effective date was date of exam. It’s not my fault the VA neglected to give me an exam when claim started. Should the effective date be the date of claim? 2. The VA also put down entitlement to individual unemployability is deferred for claims developme…
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5,10,20 year rule and EED
there was post recently on the rules- and it was great info- but i noticed something that was very important missing that most veterans dont realize or think about...EED! whenever there is a change in EED, the date for the 5,10,20 gets reset- in your favor... if you fought to have a claim EED back to a claim in 2008 from a win in 2019 effective date and won- you are now protected under the 10 year rule- and will be protected under the 20 year in year 2028 instead of 2039! this is important info i think gets missed and just wanted to share here is confirmation from a repubutal law firm to back up: https://www.seankendalllaw.net/faq…
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SMC K and Depression Increase
I filed my claim for SMC K secondary to ED on August 7, 2023. I filed a claim for Major Depression increase from 70% to 100% on November 20, 2023. They closed the Major Depression increase claim on November 30, 2023. I looked at the original claim and it looks like they combined the claims. Will I have to wait for the Major Depression portion of the claim to be completed before the original claim will be completed since they combined the claims together? Will the time start over?
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Free Financial and Credit Counseling
OK, I was expecting a letter to update me on the status of my recent CAVC remand, instead I got a letter talking about Free Financial and Credit Counseling. I don't need free financial and credit counseling, what I need is my corrected benefits. You know the old proverb, feed a man a fish, he eats for a day but teach a man how to fish he eats for life. My thought is to feed a veteran a meal he eats for Veterans' Day but award a veteran his correct benefits, I can eat any dang where and when I want to. OK, my bad, is the VA just sending these letters out or is it my paranoia messing with me about my upcoming benefits? Since the CAVC remanded my appeal, it should not…
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Anxiety - am I doing this right?
Brand new here. I'm posting because I'm so confused and unsure if I'm doing the right stuff, or if I should be doing it at all. I'm hoping to find answers on how to file a claim for GAD/Major depression. Here's my story. 1996-2000 high school captain of soccer and baseball teams. Captain of Snare Drum line in marching band. 2000 - enlist in USMC, squad leader in boot camp, meritoriously promoted to PFC at graduation. 2001 - Class leader in A school 2002 - PCS to Japan (Iwakuni) volunteer for secondary school, awarded Microminiature soldering credentials. Perform extra duties and awarded Meritorious Mast for going above and beyond. Compete in …
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Cervical ROM
Can anyone explain this to me? I understand it’s my neck’s ability to move but does it meet the requirement for a rating assuming service connection? Cervical ROM: Degrees Flexion 40/65 Extension 20/50 with pain as a limiting factor Right lateral flexion 20/45 with pain as a limiting factor Left lateral flexion 20/45 with pain as a limiting factor Right Rotation 60/80 Left Rotation 60/80
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