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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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lancelot6840

What To Do. Nod Or Appeal Or Nothing

Question

I need to know what would be my best course of action.

I filed a claim in Sept of 2009 for PTSD and Mastocytosis. I recieved a decision on my PTSD claim in March for 50% which put me at 80%. They also invited me to file for individual unemployment. I received a decision on my mastocytosis claim in April. It was denied due to the VA's 5 minute exam at C&P. Every piece of evidence I sent them shows that I have this disease, and that I incurred it during my time in the military. The evidence includes 3 doctors statements and a medical report dated while I was still in the military.

I filed for 100% IU in April, about 2 or 3 weeks ago. My DAV rep decided to do this versus appealing the denial. I recieved paperwork from the VA today requesting more evidence for my IU claim. They have already requested C&P exams for all of my service connected conditions. I haven't been able to work since 2005.

Here is my question. Would it be wise for me to appeal or send a NOD for my mastocytosis claim while they are working on my IU claim? Or would it be best to wait for the outcome of the IU claim? I am also debating on contacting my congressman about my situation and maybe filing an appeal at the same time. What do you guys and gals think? I'm just not sure which route to go with this. Thanks in advance for any opinions.

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4 answers to this question

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It took six years and three denials for me to win my claim.

If you had all that proof filed about your masto, they probably did not read it. Did they list it on the SOC? If it is not listed, they did not read it.

Never give up a claim if you have proof you have a legitimate claim, IMHO. Never never never give up! You have one year from date of denial to file your NOD. They like it that you postpone things, because if you miss deadlines, you are out of luck.

More folks will chime in.

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Thanks for the replies. They did not list the medical exam in the evidence section, but they did mention that the C&P doc looked at it and still denied my claim. I won't give up. I was at 0% in 2003 and I'm 80% as of March of this year. I'm not stopping until I'm at 100%. I can see the light at the end of the tunnel, but it still seems so far away.

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I never got an answer to whether contacting my congressman about my case would be a good idea? Would it help to get him involved?

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    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
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