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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

The DAV rep seemed excellent, to my surprise, that he only had a few details to clear and we should be good since he had already talked to the VA DRO and he seemed IAW this forums advice. So it all looked good, had all in binders, had every SOC and C&P Exam point answered point by point. That equals zero when the rubber meets the road. they, the DRO and the Rep already have heir agenda so I can't sy I wasted my time on the prep work because they did use aboout 2 or 3 documents but the important points, at least to me such as the C&P Dr. couldn't even find an assessment on the ER documentation......

Their main point was the IME said my injury was 50% or more likely service related, which they were on board on, but they wanted the wording to tie my injury exactly to one injury resulting in me going to the ER, even though they did zip DX work....They found it easier for the VA to get on board with a single injury than 6.5 years of repetitive injury, as defined by the Federal Government (NIOSH).

So, they offered me an off the record with no swearing in and no recordings, giving me 30 days to go back and find a DR., any DR, chiropractor, CV doesn't matter here, and reword the statement IAW with exactly what they had the IME document.

What does anyone make of this scenario? I don't have a clue except to go back to the Dr. for the third time.

Edited by cannoncocker

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cannon,

Sounds to me like your DAV rep and the DRO had

a little talk without you present - to play

lets make a deal.

Had you requested a De Novo Review or had you

requested a DRO Hearing ?

carlie

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I had just asked for the DRO Hearing. the real clincher for me was the fact that the DAV VSO was top notch as well as the VA DRO. I got the extra statement from the Neurologist but that is not so much the point but that the DAV was there for me when I needed him. This man knew my records about as well as I did, which is saying something.

I have to revise my whole thought about the DAV and VSO's in general. I can't believe it!

Thanks for the reply. also.

Some curious points though:

1. they pretty much had their minds made up before any evidence was heard

2. the medical evidence didn't seem to matter whether it came from a chiropractor or a Nuerologist

3. the ER form did not have a date or assessment according to their C&P Doctor and that did not seem to mater at all. Seems to me that would make our jobs harder for both the VA and me but they did not seem to care.

My IME already tied my injury to my service in erverything but Urdu but here goes 3. Yes it does I am a bit skeptical but hey, experience has made me that way.

Like I said though they did suprise me by what appeared to be fair honest play. What a surprise.

cannon,

Sounds to me like your DAV rep and the DRO had

a little talk without you present - to play

lets make a deal.

Had you requested a De Novo Review or had you

requested a DRO Hearing ?

carlie

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My experience is that VSO at the RO's are pretty sharp and I think that this time it worked ell for you. The problem for most Veterans is the VSO's never look at the claim until a few minutes before the hearing.

Good Luck

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Hi Pete, hope all is good with you. That would be the worst, well bout the worst thing they could do is not be intimately acquainted with their claim! Doesn't have to be over board like I tend to go but they, at a minimum:

1. need primary documents (it is surpriing what they don't have and the dots they have not connected)

2. A general view of how your claim should be presented. Having said that, the plan will absolutely change, even when you don't see why, you just, well I just had to suck it up.

3. Wait and see if they are shooting straight with you or just jerking you around, only time will tell that story

4. Hope the DAV VSO is as on the ball as mine seems to be. I say it ain't over till it's over. I have done everything, to the letter, above what he required so now the story will be told!

Hope all that go into a DRO are prepaired, have good representation, and have done their due dilegence. If posible find out who will be representing you and then discuss the plan so you can have everything ready.

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So, they offered me an off the record with no swearing in and no recordings, giving me 30 days to go back and find a DR., any DR, chiropractor, CV doesn't matter here, and reword the statement IAW with exactly what they had the IME document.

What does anyone make of this scenario? I don't have a clue except to go back to the Dr. for the third time.

cannon,

Regarding anything done and discussed at a DRO Hearing, if you aren't

sworn in and it's not recorded, nothing is in writing - don't count on

it being of record.

All this is - is he said - she said, and no testimony has been provided.

That is my experience.

I think you have gotten shafted on waiting so long to have a DRO Hearing

that you did not get to participate in - only your VSO participated in.

For your sake I sure hope I am wrong.

jmho,

carlie

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