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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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Usmc7319105

Disabled Unemployed Marine Needs Help Please!

Question

I am going to give the readers digest version to my situation. I am currently receiving 30% for migraines, 20% seizures from the VA. They gave me a 50% disability rating in October of 2005. In October 2007 I had a C&P scheduled and on the drive to the appointment I was in a vehicle accident. I was unable to make the appointment that day. I called QTC and told them

what happened the same morning and they said "no problem you will get another date for another appointment in the mail". It never came. I sent the VA a certified letter in the mail in December of 2007 explaining what happened as to why I didn't make my appointment. In January of 2008 I received a letter saying

all current ratings are now 10%. In Sept 2009 I had a Letter sent to me saying "we received your certified letter, however it was never associated with your file". We are now restoring your ratings back to 50% retroactivley. I had my 2nd C&P a month later in October 2009. I told the Dr my seizures have gotten much worse. I got my findings last week saying there is no medical evidence for a rate increase in seizures. I have been seeing a civilian neurologist for years and he has Six documented tonic clonic seizures in 2009 alone. I submitted these medical documents to the VA this week with a NOD letter requesting a DRO review. I also included medical documents from my neurologist showing an increase in seizures for 2007 and 2008. I requested an increase in rating and and the date of my increase should be retroactive since the VA didn't Schedule me for a C&P in 2007 and 2008 although I requested one. They have already admitted to losing my certified letter which I asked for another appointment. Without that appointment I was unable to file a NOD for an increase. If they do increase my rating should it not go back to 2007 when I was supposed to have my appointment? Is my neurologist documenting seizures good enough evidence for an increase?

Thanks to everyone

Jason

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