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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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Big Pat

Trying For Disability Due To Parkinson's

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I am writing this for my father who was in vn and has developed Parkinson's due to exposure for AO. Due to it just recently being associated with AO and Parkinson's, do I need to help him to refile his paperwork to get an upped coverage? Also if anyone knows this as well. Since it is now connected, is there some way for him to get backpay for the 20+ years he has lived with it? He is just now 62 so it hit him early on.

I appreciate any help on this! Good to know there is a place to go when you need to discuss this stuff.

Big Pat

Edited by Big Pat

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He should re-open his claim ASAP.

Once the regulations are posted in the Federal Register and then after about 60 days there open for public comments-then the regulations will get into 38 CFR and M21-1.

These claims under the new presumptives are in a holding pattern awaiting the formal regs but it pays to get the claim filed ASAP.

If he was denied in the past for Parkinsons I am assuming but not yet 100% sure that the Nehmer court order will kick in and provide some vets with very favorable EEDs.

This would depend however on being denied in the past on what is now an AO presumptive condition.

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Thanks for the quick reply. I am a bit fuzzy with some of the terms though. I am fairly new to this.

I will work with him and fill out the paperwork again ASAP.

What is a favorable EED? I am not sure of the definition of this so I apologize. Would he be eligible for the past 20 years since it was diagnosed or just since they said PD was associated?

Thanks for the patience to help me work through this stuff.

Big Pat

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The Parkinsons, if SC'd will not go back to be

retro'd for 20 years.

jmho,

carlie

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He should re-open his claim ASAP.

Once the regulations are posted in the Federal Register and then after about 60 days there open for public comments-then the regulations will get into 38 CFR and M21-1.

These claims under the new presumptives are in a holding pattern awaiting the formal regs but it pays to get the claim filed ASAP.

If he was denied in the past for Parkinsons I am assuming but not yet 100% sure that the Nehmer court order will kick in and provide some vets with very favorable EEDs.

This would depend however on being denied in the past on what is now an AO presumptive condition.

I'd fill out a form 21-4138 Statement in Support of Claim (fillable and printable from the VA.gov website under the heading "forms").

Simply tell them, in your (his) own words that you are claiming prior diagnosed PD under the newly arrived at association with AO exposure. And, I would also ask, in a seperate paragraph, same form, that you are seeking "the maximum percentage allowable per the CFR".

Then, in paragraph #3, mention, as Berta has so ably pointed out, that, according to the Nehmer decision, you are seeking the earliest legally established effective date.

By-the-way, EED stands for "Earliest Effective Date", which is, simply, the earliest date for a claim to be established and retroactive payments "paid back to". It can be mucho, mucho dinero, si'?

If you choose not to use a Veterans Service Organization (Disable American Veterans, American Legion, Vietnam Veterans Association, VFW, etc.), then, when sending something in yourself, make sure to send it with "Delivery Confirmation" (I have just sent my mailings to them via Priority Mail with Delivery Confirmation, but others advocate sending stuff to them where they have to sign for it, but, whatever........).

If you do, or are, using a Veterans Service Organization (VSO), then make sure that you feel comfortable with the relationship. And, no, there is no charge for them helping you.

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