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  • 14 Questions about VA Disability Compensation Benefits Claims


    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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Hello all.

I came across this site over a year ago while researching how I can go about getting my VA disability rating increased, I currently have a 30% rating for OSA (Sleep Apnea) and a 20% rating for non union of the patella (Right Knee Cap) and 0% for Laryngitis. Total of 40%

I served 8 years in the U.S. Army when I Hurt my right knee in the line of duty in May 1994, placed on Limited Duty Profile and my knee was placed in a cast for 6 months and in December 1994 and transfered to the ROK Seoul,Korea where the cast was removed and I was thrown back to active duty without as much as a day of PT so I went and took a P.T. test and re fractured my Patella (right Knee) I had Surgery in Seoul in March 1995 where they inserted tension band of wires and pins and screws in the knee cap. December 1995 I was transferred to Fort Bragg N.C. to 7th Special Forces Group where I tried to rehab without success of my knee and patella. The last thing I wanted was to be medically retired but I ended up having a medical board at Walter Reed Medical Hospital in Washington D.C. Where I was found unfit due to my knee Injuries.

After I was medically discharged Oct 1997 I headed to Atlanta to start my life over once out I never focused on my knee or other health issues that were about to smack me in the face. Since this happened I was unable to run let alone walk properly without a cane at times. Fast forward and 2 knee surgeries later my left knee (good knee) is starting to give me problems but I can't stop working. In early 1998 I am diagnosed with High Blood Pressure and Diabetes, Sleep Apnea, GERD,Gout And Arthritis. which I filed a claim and tried to get added along with back problems from to MVA's (Moving Vehicle Accidents)that happened on base while in service but was denied all due to not being service connected.

The Sleep Apnea was recently approved at 30% Should be 50% after the Regional Office adds my C-PAP machine which they issued a week after my positive sleep study tests all this is still pending at the board that I appealed to After 9/11 I move to Virgina and take a job with Homeland Security at the time of taking this job I was only rated 20% Right Knee Non-Union Arthritis. So I used my 10 point veterans Preference to obtain this job. I successfully worked at this job 4 years until 6/21/2005 Where at Washington Dulles Airport at 4:35 am I was hit by an airline truck. rushed to the hospital where they found a torn ac left shoulder and massive muscle damage to my lumbar knees and neck area. I used workman's comp as being a veteran I knew that this could possibly be an issue later.

After 6 months they canceled my workman's comp and said I was fine a doctor not connected with the VA system but the same doctors we are sometimes sent to for C&P exams "QTC" Medical ( Possible Conflict Of Interest?) This Dr. that said I was perfectly healthy is a internal medicine specialist not even an orthopedic Dr. But in the mean time I have been going to the VA since the accident they find the torn shoulder muscle left acl tear and impingement of my spine at the c3 & c4 along with some mild nerve damage. My VSO also added Unemployability to my claim at the board. The VA of Atlanta operated on my Left knee to repair my ACL sept 2007. My question is being a veteran hurt in the line of duty as a federal employee are their any CFR regs that I need to site and reference that govern veterans injured in the line of duty as government employees?

What are my rights and does this affect my claims status with the VA if I want to include this accident in future filings ? my job has not fired me but they keep saying regardless of what the VA doctors are telling you we want you back here at work. Even tho when they cut my workman's comp I was no longer able to continue to live in Washington, D.C. I had to relocate back to Atlanta. My primary care Doctor in DC had issued a walker due to the instability of my knees and back and my new primary care Dr. here Agreed with her in that my knees and back are too Instable to risk trying to ambulate without a walker would not be in my best interest.

I filed for SSI benefits 9/2005 but was denied while i was making the workman's comp check so I refiled here in Atlanta with back pay still attached that's still in the works the only money I'm getting now is my 40% without any other source of income. I know I have rambled a bit but its a very long story and I just wanted to see what my rights and options are being a veteran having previous existing injuries and being hurt on the federal job.

Also what steps should I take with finding a good resolution with the social security administration if they deny me again should I call binder and binder or whom should I call. I have been a member since 2007 on the old boards but never had a chance to post until now I appreciate any and all comments forgive me if I misspelled anything Thanks for all your help and time for even reading my post. I pray everyone is blessed and highly favored! God Bless Always Antonio.

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If you are doing Social Security without an attorney it's hard to win. If you call Binder and fill out the paperwork needed and they Accept you for a client you should probably win SS. They have a good winning percentage because they do not take on cases that they can not win. Good luck. Terry Sturgis

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Thanks Terry !!

If you are doing Social Security without an attorney it's hard to win. If you call Binder and fill out the paperwork needed and they Accept you for a client you should probably win SS. They have a good winning percentage because they do not take on cases that they can not win. Good luck. Terry Sturgis

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Being a veteran thats a federal employee injured on the job are there any CFR regs that govern how that situation is handled ?? Please Any One ?? :huh:

If you are doing Social Security without an attorney it's hard to win. If you call Binder and fill out the paperwork needed and they Accept you for a client you should probably win SS. They have a good winning percentage because they do not take on cases that they can not win. Good luck. Terry Sturgis


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Welcome to hadit Antonio. There are CFR regs. that cover this sort of things. Most if not all Gov. agencys have their own rules on things like this . My advise to you would be to talk to a lawer who deals in FERERAL LAW. Notice i said FEDERAL LAW. Lawers in other fields are not as well versed in federal law. There are people on this web site who can help you also. Good luck and thank you for your service to this great country.

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    • Yes 

      After a PTSD/Unspecific MDD Diagnose From the VA Dr's

      The gold standard for diagnosing PTSD is a structured clinical interview such as the Clinician-Administered PTSD Scale (CAPS-5). When necessary, the PCL-5 can be scored to provide a provisional PTSD DSM 5 diagnosis.

      Any clinical clinician such as MD ,Psychiatrist even a L.C.S.W. (Certified)can perform the Diagnostics Evaluation Employed by the the VA

      ...They just need to figure out your symptoms and put together a list of your symptom's that you possess or show from the evaluation...I am not 100% Sure just how they do this ?

      being I am not a Dr or clinical clinician 

      Once a Diagnoses of PTSD is given they try to set you up with a Therapist to help with your New dx And how to adjust or cope with the Anxiety and Depression the PTSD can cause.

        you learn the tools to cope with and depending how severe your symptoms are ? 

       They test /screen you with phychoeducational type therapy treatment usually at first.

       Warning  some of this therapy can be very rough on a Veteran  from holding on to guilt  from the trauma its self or you maybe in a  ''stuck point''from memories and guilt or from the stressor's or anything that reminds you of the trauma you endured.

      The therapy works  even if we think it don't,  I recommend Therapy for all PTSD Veterans  it could very well save your life once the correct therapy is in place and the Veteran makes all his Clinical Appointments.

      I still have Combat PTSD it probably will never be cured completely but we can learn the tools it takes to cope with this horrible diseases 

      even learning breathing techniques  Helps tremendously during a panic attact.

      I have guilt from the war in Vietnam  ( I ask my self what could I have done to make a better outcome/difference?..and also I am in what the therapist calls stuck points. working on that at present once a week for 90 minutes.  I am very fortunate to have the help the VA gives me and I am lucky I have not turned to alcohol or drugs to mask my problem.

      But I have put my family through a living hell with my angers of burst.and they all stood by me the whole time years and years of my family life was disrupted because of me and my children &spouse  never deserved it one bit.

      That's all I want to say about that.

      At least I am still around. and plan to be tell my old age dying day.
    • No timeframe gotta love that answer it’s even better when you ask 1800 people or call the board directly they’ll say you’ll know sooner then later. I had mine advanced and it was about 2 months later until I had the decision in my hand which seems forever but in the present system in 2016 lightning fast...
        • Thanks
    • I am serviced connected for ankylosing spondylitis back in 1985. I had a C&P exam on 7-7-19 since I am asking for an increase in my cervical, thoracic, and lumbosacral ratings. After speaking with the DAV to find out progress and info on my exam, the Rep. noted sort of what I expected. Radiculopathy was noted and ROM was 0-15 for cervical, and 0-25 for back. I am currently rated as Cervical 30%, Thoracic 10%, and Lumbosacral 40%. The main question that I have is relating to the thoracic 10% and lumbosacral 40%. I am confused on these two. Is Lumbosacral separate from the thoracic/others ? Since my back ROM is at 0-25, does this mean that my thoracic might increase from the 10% to a higher rating ? I am confused how they break down my ratings from cervical at 30%, Thoracic at 10%, and Lumbosacral at 40%. Also, with the radiculopathy, is this something that they will rate also ? I am currently at 90% total combined for all my disabilities. I hope this helps for someone to give me advice/answers.
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    • Thank you @GeekySquid for your reply. 


      I have redacted personal information for my documents listed below. 

      I look forward to your reply. 

      HEADACHE STR 2006 copy_Redacted.pdf


      Pages from Original Denial-Grant Reasons_Redacted.pdf
    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 


      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
      • 14 replies
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