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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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  • Most Common VA Disabilities Claimed for Compensation:   

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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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  • HadIt.com Elder

I would get the test results, as well as any other medical documentation you can get, and submit them with a Form 9. Realize, though, that this will be the last opportunity that you have to submit new evidence in this claim. Should the BVA deny the claim, the CAVC does not accept new evidence. It is best to get it all in now.

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Well, after re-reading the SOC again and again, the conclusion that I have come up with is that I am rated correctly at 30%. I may have a shot at being rated under DC 5257 for lateral instability, if I can get the proper tests done. The test mentioned in the SOC are very simple tests that I have had done many times, and I have an appointment Friday to get them done again. I will then have my Ortho doc give me a letter the states something like:

I performed a Lachman’s test on the vets right knee. The vets right knee is experiencing lateral instability with a range of motion between 5mm to 7mm.

NOW, I called the 1-800 number and asked if the DRO would look at the test results. The answer I got was that they would look at additional evidence and if it is enough for them to change the DRO’s ruling they will do so. Bottom line is they told me that it can still be done at the RO level. I waited almost a year for this DRO review,, does anyone know if this set back will put me at the end of the line again?

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Pete

No offense, but yes they can deny a NOD. They just "back door" deny NOD's. The RO in Cleveland denies NOD's by "interpreting" them as a benefit claim instead. By "interpreting" a NOD as something else, they can effectively deny it. Its what I call a "back door" denial. They did that to me.

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  • HadIt.com Elder

You can appeal anything that they do. Just be sure that you are within the time limit.

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