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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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babyray

Form 21-8940

Question

<_< I went to my VSO (VFW) today and filed a 21-8940 for IU. On line 6 my rep put down my 5 disabilities which are: MDD-70%, ruptured L gradricep-30%; DDD of the spine-20%; DJD L hip-10%; DJD L knee-10%. On line 24 we put "vet is no longer able to obtain or maintain gainful employment due to the severity of his combined physical and mental service connected disabilities." We talked about the effective date being the date I filed the claim on jan/2008. But he failed to put it on line 24, saying " the VA will automatically use this date if they award me IU, if not we'll appeal it then." I am thinking about filling out form 21-4138 and requesting them that according to the regs they must put the jan/2008 date on the claim if I am awarded. One thing I don't have, a doc statement saying I am not able to work because of my SC'ed disabilities.

babyray

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If the decision was made less than a year ago you have every right to file a NOD and the effective date should be the date that you filed.

Your VSO needs a lot of training if he is going to be a Rep.

I am not going to comment on the Forms cause I really don't know but since you did not file till Jan 2008 you can certainly disagree with the decision that did not grant TDIU.

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<_< I went to my VSO (VFW) today and filed a 21-8940 for IU. On line 6 my rep put down my 5 disabilities which are: MDD-70%, ruptured L gradricep-30%; DDD of the spine-20%; DJD L hip-10%; DJD L knee-10%. On line 24 we put "vet is no longer able to obtain or maintain gainful employment due to the severity of his combined physical and mental service connected disabilities." We talked about the effective date being the date I filed the claim on jan/2008. But he failed to put it on line 24, saying " the VA will automatically use this date if they award me IU, if not we'll appeal it then." I am thinking about filling out form 21-4138 and requesting them that according to the regs they must put the jan/2008 date on the claim if I am awarded. One thing I don't have, a doc statement saying I am not able to work because of my SC'ed disabilities.

babyray

Bullshit!

The VA will use the latest date that they possibly can. Which, in your case, will be the date that they made the decision on your MDD, or whatever was your LAST decision.........they'll only go back to when you filed your claim, if forced to. I know, I've got an NOD in, at this time, for the VERY same thing that you are talking about. They have, so far, screwed me out of two years worth of TDIU retro because of this very thing.

I'm learning. I don't know NEARLY all the ways that they can screw ya, yet, BUT, I'M LEARNING!

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Bullshit!

The VA will use the latest date that they possibly can. Which, in your case, will be the date that they made the decision on your MDD, or whatever was your LAST decision.........they'll only go back to when you filed your claim, if forced to. I know, I've got an NOD in, at this time, for the VERY same thing that you are talking about. They have, so far, screwed me out of two years worth of TDIU retro because of this very thing.

I'm learning. I don't know NEARLY all the ways that they can screw ya, yet, BUT, I'M LEARNING!

LarryJ, thx for your concerns. They made a decision on the date I filed my claim which was jan/08 and got a decision on february/ 09 for 10%. My recon/last decision was on oct/09 for MDD of 70%. What u ars saying is that my TDIU RETRO will be oct/09, correct? Will it help if I file a statement in support of my claim on form 21-4138 requesting a retro date of jan/08? If they do not comply file a NOD for the date?

babyray

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LarryJ, thx for your concerns. They made a decision on the date I filed my claim which was jan/08 and got a decision on february/ 09 for 10%. My recon/last decision was on oct/09 for MDD of 70%. What u ars saying is that my TDIU RETRO will be oct/09, correct? Will it help if I file a statement in support of my claim on form 21-4138 requesting a retro date of jan/08? If they do not comply file a NOD for the date?

babyray

NO, what I am saying is that they will SHOW that your TDIU retro date is November 4th, 2009 (yesterday, or whichever day it is that they receive your TDIU claim). Then, when you "call em" on it, they will try to give you the Oct, 2009 date, the date they AWARDED you your MDD for 70%. When, in actuallity, it should be the date that you originally claimed for MDD, for that is the date that you ORIGINALLY became ELIGIBLE for TDIU. NOT THE DATE of your AWARD for MDD, but the DATE YOU ORIGINALLY CLAIMED MDD, for that is when you became eligible for TDIU.

How'm I doin' here? Are we on the same wave-length?

We talkin' M*O*N*E*Y, here, okay?

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NO, what I am saying is that they will SHOW that your TDIU retro date is November 4th, 2009 (yesterday, or whichever day it is that they receive your TDIU claim). Then, when you "call em" on it, they will try to give you the Oct, 2009 date, the date they AWARDED you your MDD for 70%. When, in actuallity, it should be the date that you originally claimed for MDD, for that is the date that you ORIGINALLY became ELIGIBLE for TDIU. NOT THE DATE of your AWARD for MDD, but the DATE YOU ORIGINALLY CLAIMED MDD, for that is when you became eligible for TDIU.

How'm I doin' here? Are we on the same wave-length?

We talkin' M*O*N*E*Y, here, okay?

LarryJ, I gotta. The date that i originally filed for MDD was jan/2008 and this the date that I originally became eligible for TDIU. I gotta, I gotta. thx, thx.

Here is a another techincal question: Should I get a IMO from my VA pysch doc or my private doc? Thx for your patience & concerns. Chow

babyray

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