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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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Question

I have a few claims that were denied in 1997. Per the statement of the case the VA denied the claims because the disabilities were not well rounded, mainly because the disabilities were not found on my separation exam. I just reviewed my separation exam and these disabilities we clearly listed on my separation exam. Could this be considered a CUE?

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4 answers to this question

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It very well could be a cue. I would have to see the information. But as it sounds you may have a very strong cue claim.

Remember that in 97 the VCAA was not encated yet so well grounded was the order of the day. It changed in 2000.

Did the actual denial letter state that the disabilities were not on the separation exam and they actually were. If that is the case than your cue is valid.

Good luck with this one and if you need any assistance, shoot me a PM.

J

Edited by jbasser

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Did the actual denial letter state that the disabilities were not on the separation exam and they actually were?

Yes, it did for my back, ankles and knee conditions. When I got the denial back in 1997 I just accepted it and didn't appeal. In reading through Hadit it I thought I might have a good CUE. Thanks for your help and I will be needed your assistance.

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Good deal. Just let me know.

J

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I have a few claims that were denied in 1997.

Per the statement of the case the VA denied the claims because the disabilities were not well rounded, mainly because the disabilities were not found on my separation exam. I just reviewed my separation exam and these disabilities we clearly listed on my separation exam. Could this be considered a CUE?

Sailorman.

You posted, "Per the statement of the case".

To me this shows that a claim was filed prior to the 1997 Rating Decision,

you did not agree with the decision and you filed a NOD on it and then you

received a SOC.

When did you file your original claim on a 21-526 ?

What disability/s was it for ?

(BTW - A claimant can only file one original claim)

What EXACTLY - word for word, does the 1997 Rating Decision state ?

What EXACTLY - word for word, does the separation exam state ?

You separated from active duty - what date ?

You filed the claim that the 1997 Rating Decision denial

was based on - what date ?

Do you currently have an SC'd disability, even at zero percent ?

If yes, for what disability/s ?

carlie

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