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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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mcso111

Question On A Friend's Claim

Question

My friend has a claim for ptsd since 05 and has never had a c&p exam, he called the 1-800 number and they say it isnt neccessary to have one if they have enough evidence to rate it. which of course the claim was denied. can anyone help explain this to me I thought it was a protocal or something for being rated.

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It is Very unusual for him not to get a C & P.

I bet the decision he got will reveal the reason why.

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I agree with Berta, the Rating Decision that denied

the claim will state why it is denied in the

Reasons and Bases Section.

Does your friend have a current dagnosis of PTSD

by either a Psychiatrist or Psychologist in writing ?

carlie

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Yes my friend has a civilian dr's statement and also the v.a. system pysh dr.'s and councilers statement or reports, he has had a GAF score of 58 ever since his intital claim in 05 but never had a c&p, I told him that it was unusuall that they had never set him up with a c&p, his claim is in the hands of a DRO and of course he is unable to scheduale one for his claim so I guess we will wait for the denile again. just recently with in last month or two he has gotten his local congresswoman involved but still no progress.

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I would resubmit the claim with the new evidence from civilian doc and ask for hearing. Is your friend working?

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I told him that it was unusuall that they had never set him up with a c&p, his claim is in the hands of a DRO and of course he is unable to scheduale one for his claim so I guess we will wait for the denile again.

mcso,

YES, the DRO surely does have full authority to request a C&P examination for the claimant --

prior to the DRO promulgating a Rating Decision.

If your friend has not submitted a request for an examination I would do so immediately.

If he still does not get a C&P prior to the DRO - then (I hope he has requested a DRO hearing)

he needs to request an examination and why he feels entitled to the examination,on record, during the DRO hearing.

jmho,

carlie

<H5 style="MARGIN: 0in 0in 0pt; mso-list: skip">b. DRO Duties</H5>The table below lists the duties of a DRO.

Notes:

· The DRO is a member of the Appeals Team but is under the direct supervision of the Veterans Service Center Manager (VSCM) or assistant VSCM. The Appeals Team Coach may assign work to the DRO.

· The composition of the local appeals team may vary. At some ROs, the team may consist of only DROs, while at others, it may include

- DROs

- RVSRs

- VSRs, and

- Claims Assistants.

Duty

Description

1

Hold informal conferences and formal hearings.

2

Evaluate the evidence of record including the need for additional evidence as a result of information obtained during the hearing.

3

Make a decision.

4

Make direct contact with appellants and their representatives.

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