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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 have a question, i received my rating in jan 09, i originally filed for it jan 08. I got rated 30%ptsd and 10% for a neck injury. I did not like my rating so my rep filed a NOD and had a De Revo and 6 months later i got a decision that did not change my rating higher for ptsd. Well now i just submitted two letters from treating physicians that agree i should be rated 70% for ptsd with a VA form 9. Now what should i expect in the coming months? Do you think i will have to do another exam, and if i do get an increase in my rating will it date back to jan 08 of my original filing. Thanks for any advice.

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Welcome to Hadit

Are you able to work? If you have a job you have a really good rating. If not you should ask for TDIU 100%

Good Luck

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Treating physicians usually NEVER put a rating into their opinions.

I wish a vet rep had suggested that you respond to the De Novo results with this information-

Is this information being sent to the DRO and also included with the I-9?

Years ago I staved off BVA transfer of my claims by continuously sending them evidence at the RO level-

They could not prepare the I-8 (the VA form that justifies the certification of appeal)

because they kept getting more evidence from me- which generated many SSOCs- I won those claim at the RO level.

But when I filed a new claim in 2003- by 2006 they had ignored all of my evidence (I had a De Novo and an additional DRO conference that my rep attended) and they still ignored by evidence and prepared a fictiotious I-8

checking off that they had considered ALL evidence from me and sent me a proper VCAA letter-

In both accounts they were wrong- 3 signatures authorized this illegal transfer to the BVA.

I raises these issues on my I-9 ,didnt fight much with the RO anymore -and the BVA considered their legal errors and made an award based on the evidence the RO had ignored.

My long point here is-

the BVA is a good place to be because these are lawyers and they are literate-

the bad point is the docket is about 2 years waiting time-

When did you have this info from the doctors?

Did they fully comply with the IMO criteria?

There are private docs and not VA docs?

Do you have a vet rep?

This info could alter their decision-and they should receive it ASAP-but they might not even consider it-

It seems the goal of the ROs these days unlike in the 1990s is to deny and whip off claims to the BVA as fast as they can-

to take the EP code and it appears on the books that they actually worked on and finished the claim.

If I were you I would read over the DRO job description here at hadit under a search-

I have new PC and my saved links are all messed up-I cant find it-

it is in M21-1 and try to see how you can bring this new evidence to their attention prior to their I-8 transfer letter.

It would help to have a vet rep support this evidence with a 21-4138 too.

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I dont know if you will be scheduled for exams. Sure doesnt seem necessary if you have diagnosis's on hand and you are following the appeal dates asap.

Maybe someone else here will know, Is there a way to 'withdraw' an BVA appeal and stay within the NOD DRO process without putting it to the BVA? It seems like if there is valid evidence to combat the 'current' denial and more locally than the BVA thats key. I keep learning that being at the RO,DRO and within the time frames, difficulat as it is, really is key to getting due process quickly.

With advice from Hadit, a few good vso's and too many hours, researching, tending to medical needs and validating that reading teachers still exist in schools and should be a minimum requireent for employment with a VA government job - I was able to work to appeal at DRO level so far. With all the horror stories of years of idsappointment and basic needs going unmet - use the closet tools available and soonest I hope to really avoid the VBA unless needed. JMHO.

I too am curious, did the docs state 70% ptsd or did the details support that rating?

Thinking good thoughts and thank you for your service,

Cowgirl'up2009!

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I dont know if you will be scheduled for exams. Sure doesnt seem necessary if you have diagnosis's on hand and you are following the appeal dates asap.

Maybe someone else here will know, Is there a way to 'withdraw' an BVA appeal and stay within the NOD DRO process without putting it to the BVA? It seems like if there is valid evidence to combat the 'current' denial and more locally than the BVA thats key. I keep learning that being at the RO,DRO and within the time frames, difficulat as it is, really is key to getting due process quickly.

With advice from Hadit, a few good vso's and too many hours, researching, tending to medical needs and validating that reading teachers still exist in schools and should be a minimum requireent for employment with a VA government job - I was able to work to appeal at DRO level so far. With all the horror stories of years of idsappointment and basic needs going unmet - use the closet tools available and soonest I hope to really avoid the VBA unless needed. JMHO.

I too am curious, did the docs state 70% ptsd or did the details support that rating?

Thinking good thoughts and thank you for your service,

Cowgirl'up2009!

They did not state 70% in the letter but they did say that to me and in the details in the letters.

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Treating physicians usually NEVER put a rating into their opinions.

I wish a vet rep had suggested that you respond to the De Novo results with this information-

Is this information being sent to the DRO and also included with the I-9?

Years ago I staved off BVA transfer of my claims by continuously sending them evidence at the RO level-

They could not prepare the I-8 (the VA form that justifies the certification of appeal)

because they kept getting more evidence from me- which generated many SSOCs- I won those claim at the RO level.

But when I filed a new claim in 2003- by 2006 they had ignored all of my evidence (I had a De Novo and an additional DRO conference that my rep attended) and they still ignored by evidence and prepared a fictiotious I-8

checking off that they had considered ALL evidence from me and sent me a proper VCAA letter-

In both accounts they were wrong- 3 signatures authorized this illegal transfer to the BVA.

I raises these issues on my I-9 ,didnt fight much with the RO anymore -and the BVA considered their legal errors and made an award based on the evidence the RO had ignored.

My long point here is-

the BVA is a good place to be because these are lawyers and they are literate-

the bad point is the docket is about 2 years waiting time-

When did you have this info from the doctors?

Did they fully comply with the IMO criteria?

There are private docs and not VA docs?

Do you have a vet rep?

This info could alter their decision-and they should receive it ASAP-but they might not even consider it-

It seems the goal of the ROs these days unlike in the 1990s is to deny and whip off claims to the BVA as fast as they can-

to take the EP code and it appears on the books that they actually worked on and finished the claim.

If I were you I would read over the DRO job description here at hadit under a search-

I have new PC and my saved links are all messed up-I cant find it-

it is in M21-1 and try to see how you can bring this new evidence to their attention prior to their I-8 transfer letter.

It would help to have a vet rep support this evidence with a 21-4138 too.

I got the two letters the week before i sent in my appeal and va-form 9. My DAV rep also requested that I have a hearing in front of the Decision Review Officer. One letter was from Social Worker(Clinic Manager) that has been seeing me at least two times a month for the last year and half. I showed her the decision that came back on the NOD and read the criteria for diffrent ratings on pstd and she said that i fit under the category of 70% at the least. . The other letter is from a Psychologist and a PTSD social worker who has been seeing me for the last 6 months in PTSD groups. I do not know how the gaf score works but when i had my C&P exam it was at a 55, but the second letters says that i am more at a 40-45 ( if that means anything) Both letters state that because of my conditions i i am not able to maintain a job. My vet rep works for the DAV. Thanks for the response.

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