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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading


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ammawa

Appeals Management Center

Question

The BVA awarded me 20% for my back problem back to 1992. making my back a total of 60% I'm already 100% IU effective Jan 2004 But I put my claim in for IU in 1992. So I'm still fighting for 10 years of retro. Well along with an appeal for my back injury the BVA awarded me the 20% on my back... the BVA sent my case to the AMC for consideration on the other issues...like determining if i should be awarded 100% back to 1992.

I understand that they have to take their time an consider whether or not I'm entitled to 100% paid back to 1992...but I don't understand why I am still waiting on retro for the 20% for my back effective feb 1992. That decision was made in March 2007. I should have been had that payment. it's been 7 months and the Appeals Managemnt Center keeps saying that it is in the final phase of the paper work.

Is this normal to be awarded a claim and take this long to get your retro payment? I got a letter from DAV in Washington, DC in June of this year saying that the DAV has reviewed the most recent decision and i should get a conformation letter soon from the VA> Well... I'm still waiting. I have been waiting 7 months on my retro payment.

Anyone have this problem?

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I think in any appeal that you have to specifically state what you are appealing. I always waited until I got the retro before I would appeal. and trust me I was never long afer i got the retro payment.

In this case I submitted the claim for IU in 1992 the VA tried to short change me 12 years...which like i said was remanded three times back to the VARO....I was then asked if i wanted a hearing in local VARO here in Huntington, WV or did I want a hearing in Washington, DC. I choose to have them get it out of the VARO and into someone who I thought would make the best decison...here in Huntington, my case I feel has gotten personal with me and the VARO. I think we can all agree that over a period of time those VSO and people on the high end of VA staff starts knowing atleast you and your case... I felt that VARO here in WV wasn't trying to give me a fair shake....because they held it for 3 years and then denied it... then sent it to BVA just to have is sent back in a year for the VARO to sit on it another 2 or 3 years. So that's why decided to have my hearing in Washington, DC. Which was to my favort because they granted the 20%effective feb. 1992 Huntington, WV VARO wouldn't have dmade a favorable decision like the BVA did.

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Someone who is familar with the situation, please answer this question, if possible. If a vet receives a denial on secondary conditions to a claim with instruction to submit a form 9 for appeal if wanted and in that same legal documents of denial the decision states that you service-connected condition on _____ wil be addressed in a separte issue. What if the vet appeals before they get the decision letter or the money on the SC that is to be decided in the separte issue. Would the VA consider the vet to be appealing all contained in the ruling? Not a question that I know the answer to and would like to know it, because I have the same situation where secondary conditions have been denied and hinted at a least, if not a proclaimation made on being granted SC in another area in the same document. If the vet appeals to the Regional within the sixty day time frame, are they appealing everything contained in the document, including the granted part not yet received. Someone without a lawyer would have trouble wording the appeal in a legal fashion to prevent appealing also the possible granted SC before it was decided and awarded on the separate issue. Since the condition or percentage would be decided in a separate issue and the vet had not received the ruling in the mail it, could be considered to be appealed. I am awaiting a letter as we speak on a SC stating a separate issue would be addressed in a separate issue. I may be wrong, but I feel it would dangerous to appeal anything until I receive the SC and the ruling on the separate issue. Are they dragging their feet until my sixty days has expired and I would be forced to appeal to Washington within a the 1 year time limit or possible expecting me to appeal so they can consider all the conditions again and yet another waiting period? Comments please.

you MUST file a form 9 within the specified time period, DO NOT wait until you hear about the remaining issue. you can clarify the issues on appeal at any time after that by simply withdrawing from appeal any issue you are satisfied with. but VA will NOT grant you additional time to file the form 9, they WILL close out your appeal. when the appeal is closed out at the regional office, it does not remain on appeal to washington. i am puzzled by your reference to a one year time limit to washington. you do not have a separate appeal period to washington. get your form 9 in ASAP.

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