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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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GDavis9755

Like Some Input On How To Handle This Night Mare

Question

I am rated 80% SC combined. In my last letter to the VA I asked for SC for my back problems and TDIU. I filled out the 21-8940 thinking there would be know problem with the back injury. Of course there was a problem and I was denied because I could not provide all the DR's I had seen of the last 37 years. I did have records of the injury, but no nexus. When I filled out the 21-8940 I stated the date that affected full-time employment, same day for last day worked and same date for "became disabled to work". My wife also was paying me from our small business even though I was not working. These dates where all June 2004.

Prostatitis now rated at 20% from 0

damage to muscle group XI from gunshot wound 30%

Scars from gun shot wounds to right arm and left leg 20%

Left foot drop secondary to gunshot wound (previously shown as residuals, gunshot wound, left leg, peroneal nerve, toe and ankle drop, mild 20%

Tinnitus 10%

Malaria 0

They did not mention the 30% from PTSD I was awarded when all this was going on.

The claim for entitlement to individual unemployability remains denied.

There reason: remains denied because the evidence does not show that you are unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities.

We carefully reviewed a VA exam dated Feb. 4 2009 in which you reported that you continue to run your business. (I never told anyone that. I have not worked since 2004) VA exam dated March 3, 2009 you reported you retired because of back condition, which is not service connected. ( denied because of Nexus, may have said this but that's because of the surgery I had in Dec of 2004. But that was not the only reason and no one has asked about all the details of that time period. Reviewed a letter from VA doctor which listed back pain, bilateral shoulder pain, and osteoarthritis of both knees. Over all, it appears you stopped working primarily due to non-service connected disabilities. I send a tax form for 2004, you reported that you continue to run your business on examination dated March 2009. Based on the findings noted above, denied.

I have had the VA DR write another letter that states all the info as before, but he has added: All his service connected disabilities cause permanent loss of employment since Feb.2008. Cannot walk or stand for long time, cannot lift weight due to back and shoulder pain, and in his opinion, he cannot perform gainful employment and he is totally disabled.

I applied for SS and SSD Dec 2009. We found that you became disabled under our rules on Feb. 28, 2008. Under their rules they can pay benefits no earlier that 12 months before the moth of filing. So mind will begin Dec. 2008. I will get my back pay and starting the first check in April 2010.

So I got a new letter from the VA DR. SSD, an increase in my rating from 50% to 80%. I will be filling the nod. But would like some input or recommendations from you and anyone else you find able to help.

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I think that you should ask for a Heairng and show all the documents that you have from SS including your award info.

Good Luck

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Without knowing much about this particular kind of benefit, I see that you have to show the disability is service-connected, and that you're unable to gainfully work. So it seems to me that you at least want to convincingly prove that (1) you're not working gainfully and (2) the injury is service-connected. Your comment about not being able to come up with a bunch of doctors or doctors' records suggests that you didn't prove service-connection? How is the back injury service connected? Did you get treated at all during service? If so, I'd think the V.A. archive in St. Louis or another regional archive would have the records ...

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