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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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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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Guest Jim S.

Erroneous Statement In Soc

Question

Guest Jim S.

Part of my CUE claim points out the erroneous statement in the SOC, made by the Rating Specialist and signed off by the Adjudication Officer. If the VARO fails to consider the errors that I have pointed out, what is going to be my best course of action?

Like Berta has stated, they have to read the claim first, to have any understanding what, where, and how the CUE occured. If they do not look past the previous statement of the case and read the evidence, then they are likely as not to just rubber stamp the previous ruling and deny the claim.

If an appeal is in order, would it be prudent to ask for a DRO hearing, so that specific evidence that support the CUE issuse can be read into the record as it is stated so that certain assertions in the SOC can be seen in their proper light?

Trying to figure out what my next steps will be if my CUE claim is denied.

Jim S. B)

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4 answers to this question

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Guest Berta

Jim- I dont know if this will help explain what I meant-

The CUE has to contain the legal regulation they broke- that caused an error in the SOC-I have posted some of those legal citations that VA has violated in past successful CUE claims-

The SSOC I received recently stated it was not a denial but contained not only legal but medical errors- which I can support in the response they asked for----guess I have to resend my two IMOS too- they have never mentioned them but my Vet rep there said they have them right in the files-proving my claims.

Had I received a decision like this years ago-and never appealed it- I could successfully CUE it-(that is how bad it is) as the SSOC again broke VA regs but I am still in active pursuit of the benefits I seek. So no CUE needed.

My point is that the VA itself very rarely identitifes a CUE - it is up to the veteran-when the VA found a CUE in an old claim I had- and rectified it- this was only the 3rd or 4th CUE I ever saw them call on themselves-

in 20 years of accessing COVA, BVA and CAVC.

the legal citations that they broke have to be clearly stated in the CUE-

Duty to assist regs and medical diagnostic differences of opinion are not CUEs.

Whatever regs they cited in the past decision you are cueing -aside from those within Duty to Assist----

these are the potential regulations that they could have broken.

Edited by Berta

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Guest Jim S.

Berta: Don't let it be said that anything that you may offer to comment on is not helpfull. LoL You are one of the few who I listen to, whether it has any bearing at the time on my claim or not.

I guess the waiting is beginning to have it's way with my mind. Listening how you have been treated, I worry about the same thing happening to me.

These VARO employees need to have adverse consequences for their shoddy, if not malicious adjudication rulings. otherwise why would they have any reason to change their ways?

Jim S. B)

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Guest fla_viking

Dear Fellow Veterans & Friends.

The VA employees at the RO level are above the law. The Court judges for Veterans says they dont obey court orders at the RO level.

Im writting a new post called the psycholigy of a RO denial. It is my hope to convince vetearns they are better off not appealing wiht in the RO trying to get them to read what they have refused to look at and understand what they dilbertly confuse themselfs on.

As far as the RO having to read a case before they deny it. You would be suprised how often the court upholds the VA right not to look at the facts of a vets claim

Terry Higgins

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What I did with my claim is that I had a former VA psychiatrist reevaluate and reinterpret all the events and records. She did this in such a way that the VA bought it hook, line and sinker. This can do wonders with a claim where the VA is saying you have other NSC reasons for them denying a higher percentage.

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 0 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
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      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
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