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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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Question

I currently have a 30% rating and my claim for 100% is now at CAVC. I do have a well known attorney that reviewed by BVA denial, thinks I have a case and will represent me before CAVC. But I am concerned about how this process will go. It looks like the attorney's goal is to get it remanded (It was remanded by a law judge already during the BVA process) back to BVA. They then get paid but I don't know what that would do for me. Can someone help me with this? I have been represented by Disabled American Veterans but feel like they just go through the motions and don't really fight for people

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If he is a well known attorney you should take his advice. Just my opinion.

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I currently have a 30% rating and my claim for 100% is now at CAVC. I do have a well known attorney that reviewed by BVA denial, thinks I have a case and will represent me before CAVC. But I am concerned about how this process will go. It looks like the attorney's goal is to get it remanded (It was remanded by a law judge already during the BVA process) back to BVA. They then get paid but I don't know what that would do for me. Can someone help me with this? I have been represented by Disabled American Veterans but feel like they just go through the motions and don't really fight for people

I don't think an Attorney should be paid for a Remand, that's not the same thing as winning! That's NUTS! Is this true, that lawyers get paid for Remands? ~Wings

Edited by Wings

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The CAVC will not consider any more evidence. I hope you were able to fully support the case prior to the CAVC Docket-

"It looks like the attorney's goal is to get it remanded (It was remanded by a law judge already during the BVA process) back to BVA. They then get paid but I don't know what that wo" etc

Yes- that is the goal at the CAVC- I helped an attorney recently and knew this was his only chance Remand and he was jubilant hat his vet got one-

the remand opened the door for more evidence and expanded VCAA rights -(possibly)

The attorney and I both found the same legal errors the BVA made ,he put this into the brief,and the CAVC remanded due to the BVA errors.

I wasnt too thrilled however - as I told the attorney-(new to VA 101 but under auspices of another attorney who I know well) his vet still has a claim with no proof of nexus and his scenario (AO claim) is not based on facts.

Unfortunately this claim involves exposure from alleged AO spraying from a small ficxed wing aircraft similiar to Cessnas I flew as a civilian.

There is no room in the cockpit for a Hayes dispenser and the plane the vet identified by the vet-I have compete Mil aircraft pictures etc)was used by mil solely for low altitude surveillance.

This point needs to be made- even if the CAVC remands- the vet still must prove what is lacking-

in your case I hope that you did that already-therefore that remand can potentially bring you an award.

Edited by Berta

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The CAVC

will not consider any more evidence. I hope you were able to fully

support the case prior to the CAVC Docket.

Berta and Dean,

Currently, the CAVC has the authority to Remand (back) to the BVA. Would their Remand order's be retricted to only correcting administrative and legal errors, or does the CAVC also have the authority to Remad for futher development (of evidence)?

~Wings

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It looks to me like the atty's goal is to get it remanded, in which case they get paid by the government. It sounds like the CAVC very seldom reverses but frequently remands. This opens the door up for new evidence but then your CAVC atty says you are on your own...

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