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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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bigoc

Evidence Missing From Decision

Question

I received a decision on my claim for TBI at 40%.  The problem is my neuropsychological exam I submitted from a private doctor was not listed in the evidence section or mentioned in the narrative of the rating letter.

My question is should I just resubmit the the exam or do I need to file a NOD?

The exam is pretty substantial.  Would fetch at least a 70% if not total rating under the TBI criteria.

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5 answers to this question

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Send a copy and ask why its missing. If it were me I would go to the VARO and talk to someone face to face.

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If the VA has possession of this doctor's report and the information is not redundant or irrelavant then I think it is an error not to include it. The VA has a responsibility to examine all evidence in a claim before they make a decision. To me that would be the basis of an appeal.

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Thanks for the help.  I am only a few days into this decision.  Rating decision is dated 26 June, so I have time.  I will do as suggested with sending a letter.  Should I put it on one of those 21-4138 statement in support of claim or is that not necessary?  Sorry about the basic questions I am quite a novice at this.  I am not sure if a letter of reconsideration goes on a certain form.

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No Special Form-

I just advise putting Reconsideration Request in CAps on the letter -make sure you refer them to the initial code on the decision.(the initials and numbers in re: on the right hand side.

This request will not stop the NOD clock but-

it has to raise significant and material evidence they ignored.

In the schedule of ratings here at hadit are the ratings for all the residuals that TBI can produce.

Also the fairly new TBI C & P of 2007 also has to be followed to properly identify and assess TBI residuals.

If the Neuro report covered residuals directly due to your TBI and are not part of the overall rating yet match residuals to the degree that you should have gotten higher rating-

a Copy of this report as well as a copy of the specific rating schedules as to the ratings (it might have came with your decision)

should be referred to in the recon request to ask them for a proper rating based on all of the evidence.

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