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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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Carolinda

Approved, But Appealing %, Need Advice

Question

Hi everyone ....

My claim for PTSD w major depression was approved about two weeks ago. I was approved w a 50% rating and would like to request an increase to 70% as recommended by the C&P examiner, but I have a few questions.

- Is there a chance a review board can lessen % or take away the disability rating if the decision is appealed?

- Is a request for an increase in % considered an appeal or something else (my claim was approved after a DRO was filed)

- I requested, and got, a copy of the C&P examiners report ... and while good, and recommending the 70% connection, there were some errors in the background write-up. Should I just let this be, or ... (see next question)

- I was never asked for, nor did I submit, a personal statement of the trauma. If I did this, is the statement considered new evidence ? ... and (see previous line) should I 'correct' some of the errors - these errors do not change the fundamental facts (for example the rapist is stated in the report a being a fellow sailor - when in fact he was a Marine MP - this is stated in other therapy notes) - which were culled from my military records and from my records at the local VAMC. There are also some things that were left out that I feel are important, both that happened while in the military, after I got out and more recently.

My VSO office was not helpful in filing the initial claim and made a number of mistakes ... and indeed, tried to dissuade me from filing in the first place, so I don't feel comfortable asking them for help.

hadit.com has been soooooo helpful with my claim ... you guys have ALL the answers .... so I am looking to you once again!

thanks,

Carolinda

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3 answers to this question

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Hi everyone ....

My claim for PTSD w major depression was approved about two weeks ago. I was approved w a 50% rating and would like to request an increase to 70% as recommended by the C&P examiner, but I have a few questions.

- Is there a chance a review board can lessen % or take away the disability rating if the decision is appealed?

I wouldn't get paranoid about this but unless your SC falls under the 10/20 year protection regs - then anytime a claim is opened/reopened for any reason,

the decision maker can reduce a rating IF the medical evidence supports a lower rating.

- Is a request for an increase in % considered an appeal or something else (my claim was approved after a DRO was filed)

If the request for increase if filed within one year of the rating decision that granted the current percentage, then it's called a Notice Of Disagreement.

- I requested, and got, a copy of the C&P examiners report ... and while good, and recommending the 70% connection,

The decision maker is the one that assigns a disability percentage level,

not the C&P examiner. The C&P examiner is to state their findings of medical

evidence and opinion relating to IS IT Service Related AND HOW.

there were some errors in the background write-up. Should I just let this be, or ... (see next question)

- I was never asked for, nor did I submit, a personal statement of the trauma. If I did this, is the statement considered new evidence ? ... and (see previous line) should I 'correct' some of the errors - these errors do not change the fundamental facts (for example the rapist is stated in the report a being a fellow sailor - when in fact he was a Marine MP - this is stated in other therapy notes) - which were culled from my military records and from my records at the local VAMC. There are also some things that were left out that I feel are important, both that happened while in the military, after I got out and more recently.

You have been granted SC for PTSD, proof of stressor no longer has anything to do

with the percentage level of disability. VA has already conceeded your stressor.

My VSO office was not helpful in filing the initial claim and made a number of mistakes ... and indeed, tried to dissuade me from filing in the first place, so I don't feel comfortable asking them for help.

If you are not comfortable with your VSO then notify them and VA

in writing that you are canceling them out, you no longer desire representation by them. Get copies or RRR, to prove they were sent something on that date.

hadit.com has been soooooo helpful with my claim ... you guys have ALL the answers .... so I am looking to you once again!

We have a member here who is a VSO - maybe you could shoot him a PM.

He may have time to help you.

His member name is LarryJ.

If you don't know how to send a PM, then post in this thread or make

a new thread with the topic, LarryJ - I need your help.

jmho,

carlie

thanks,

Carolinda

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I was 30% and filed for an increase due to increased hospitalizations. I got low-balled at 50%, hired a NOVA lawyer, filed a NOD and was awarded 100% without a hearing. So it is not impossible. It took about two years from initial asking to award.

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The key with your medical history is whether or not you are working. If you are working 50% is fair but should be higher. Remember that the Doc is not a rater and the rating is based on fitting into a very tight box. I am in no way saying to you it should not be higher.

Now for the big question the VA does look at everything when you make a request for a higher rating. In the 13 years at Hadit that rarely happens.

Good Luck

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