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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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jnjames2

Received Iu But Had Two Issues Not Adjudicated. What Should I Do?

Question

What should I do? Do I have any recourse? I feel like VA gave me IU instead of rating my PTSD as 100% to avoid paying me any back pay. My C&P Examination for increase stated that I remain 100% disable and unemployable.

I just got my brown envelope today. I was awarded 100% IU P&T. I had an increase from 10% to 30% for GERD/Acid Reflux and my PTSD remains the same 50%. I have an overall combine rating of 70%. I am happy.

Nevertheless, I am also disappointed that the VA did not adjudicate two issues that I requested. I requested an increase for my PTSD that was rated at 50% in February 1, 2009. I also asked for an early effective date for my PTSD in the Notice of Disagreement I sent on December 2, 2009 explaining that I appealed the decision on my PTSD.

I got off active duty February 28, 2006. I filed my original claim in 2006. I have been receiving treatment for PTSD by VA since 2006. I was initially award 0% for GERD and denied PTSD. I appealed it. I was awarded 10% for GERD and denied PTSD again. I was denied because they could not prove my stressors. The C&P doctor said I had PTSD. I requested a reconsideration. I went to another C&P examination. The doctor stated that I had PTSD but they still could not verify my stressor. They gave me 0% adjustment disorder with anxiety.

I did not file a VA form 9. I sub new and material evidence for my PTSD in September 2008 to reopen my claim. I also submitted two buddy letters to help verify my stressor. I received a firm PTSD diagnosis from a private doctor that stated that I was 100% disable because of my PTSD. I was awarded temporary 100% for the month that I spent in the hospital December 2008 and January 2009. The VA stopped the 100% after one month and awarded me 50% for PTSD in February 2009 to the present date. They confirmed my original stressor.

I would like to submit a Notice of Disagreement and request a DRO hearing to present evidence that I have documented from two VA doctors and my private doctors stating that my PTSD is 100% disabling. I also submitted VA Form 21-4138 Statement in Support of Claim requesting an earlier effective date on December 2, 2009 and January 5, 2010. In my March 23, 2010 Rating Decision it stated that my PTSD is not being address at this time. They intentionally ignored my claim for increase for PTSD. I think I deserve an increase even if it is only 70%. My IU will not start until August 1, 2010.

Please let me know what I should do next? Thanks.

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