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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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Testvet

Help If Disablity Or Death Occurs Within 1 Yr

Question

and it can be linked to service where in what manual does it state within a 12 month period after discharge from active duty? A widow is having trouble with the VA and I know the rule exists because my stroke happened within a year of discharge and it should be SC I am justhaving a brain fart right now and don't know where in which manual it states the one year rule thanks Mike hope everyone had a good Thanksgiving

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4 answers to this question

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I know that if you file within one year of discharge it is considered differently than if you wait ten years. I filed for my mental condition within a year of discharge and got 10%. If I had waited I would have been denied. I know that.

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Do you mean the regs for certain chronic conditions Mike?

"a chronic disease becoming manifest to a degree of 10 percent or more within one year from the date of separation from service"

can be service connected. (38 USC 1112(a) and 38 CFR 3.307

(Fortuck V Principi)

I would think a service connect death award could be made under this reg as well.

(if the condition causing or contributing to death was manifested at 10% during first year after service.

However this presumptive direct SC regulation only applies to those conditions that are listed within 38 USc 1101 or 38 CFR 3.309.

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thanks all Berta came up with the same answer I found I have been down since the day I posted it sick and me get bad lol no I had a widow of an Air Force Major ask me and I couldn't think of it, then I went to the CFRs 3.309 led me to 3.307 her husband had a brain tumor and died within a year of return from Iraq so he fits the bill and she should win but we all know how they play

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