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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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ollieee6

Is This A Cue Claim?

Question

Greetings:

First, I'll start with a little background.

A)2004 discharged from the Navy (Personality Disorder)(FMF Corpsman)

B)2007 officially diagnoised as having Chronic PTSD, Chronic BiPolar (private shrink)

C)2007 Awarded FULL SSD benefits (PTSD,Bipolar), 10% Service connected.(PTSD)

From 2007-2009, I was in severe depression, hardly left the house, and only went to my Shrink Appointments, because I did not have insurance, I could only see a Counselor, who was able to keep me on medication.

Feb 2009, I started to use the services of the VA for my mental health treatment. To my surprise the private shrink that I had been seeing before, now worked at the VA and would be my doctor. He was VERY upset that I was only rated 10%.

With my 2007 Diagnosis my shrink filled out a Medical Verification Form which stated that I was permanantly unable to work, which was submitted to the VA, He stressed that my condition was SEVERE, and that my disabilities were a DIRECT result of my military service.

March 2009 my shrink DEMANDED that I IMMEDIATELY file for an increase and resubmit the evidence that was submitted with the original claim. I did.

I received the VCAA notice in December 2009, and sent it back in.

I then sent the Medical Records, Shrink Evaluation, and Medical Verification Form certified, and received confirmation that they had been received at the VA.

I received a rating on March 4, 2010, with an increase to 30%, but the evidence submitted was not included in determining my claim, they went off VA records, and I got a copy, and my symptoms had been the same since day one, as documented by my shrink. The C&P examiner stated that my disability more closely equates to 30%

I called and told them my information was not included, and they said I needed to file a reconsideration claim, which I did on March 15, and REsubmitted the evidence. I contacted the American Legion and they said WITHOUT a DOUBT I should have been rated at 90-100%.

I also filed for a secondary service connection disability for BiPolar.

Would the rating of 10% be a CUE, because I was increased to 30%, and will hopefully be increased to 90-100% using the same information. I was very under-rated at 10%, my symptoms had always been severe, NEVER mild.

Edited by ollieee6

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