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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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*Bergie*

Is This A Cue/opinions Please

Question

I am helping a family member who is a retired VN vet with his case where the VARO is trying to reduce his award. In the process of gathering documentation we requested copies of ALL his claim files. I just got to looking and in 2004 he filed for TDIU, he was at 80% and was forced to quit working due to his SC'd total knee replacement. Which also caused his other knee (also SC'd) to deteriorate to a point that his mobility was severely limited. Ok, so I'm reading the C&P exam and it states that due to his "non" SC'd and SC'd disabilities he is unable to work, and if he did find work would not be able to maintain it. It was my understanding that the benifit of doubt goes to the vet. Needless to say they denied it SOC states he is "considered capable of gainful employment based on a review of the evidence and facts." It goes on to state that "the current orthopedic conditions and DM have not caused any significant unemployment history, and do not limit any such future employment." WTF, he applied because the orthopedic condition had deteriorated, and the C&P doc stated as much. Is this a CUE or not!!!

Thanks,

Bergie

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Bergie:

I don't know but maybe it would put them on defense instead of trying to deny or reduce benefits.

Thanks for helping a Veteran

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Bergie:

I don't know but maybe it would put them on defense instead of trying to deny or reduce benefits.

Thanks for helping a Veteran

Well thanks Pete,

The hearing is tomorrow in the morning. I think I can discredit their case and show that it is nearly impossible for a 59 year old man that is now 69 to have "improved," in 10 years of aging. I'm hoping Berta or Carlie will give some input about the possible CUE.

Thanks again,

Bergie

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I am helping a family member who is a retired VN vet with his case where the VARO is trying to reduce his award.

Bergie -

What percentage is this vet SC'd at and for what DC's ?

Did the VA send this vet a Proposal to Reduce Benefits ?

Did VA provide any Reason for this proposal to Reduce ?

If yes, what Reason ?

Is tomorrow's hearing in regards to the Proposed Reduction ?

In the process of gathering documentation we requested copies of ALL his claim files.

I just got to looking and in 2004 he filed for TDIU, he was at 80% and was forced to quit working due to his SC'd total knee replacement.

Which also caused his other knee (also SC'd) to deteriorate to a point that his mobility was severely limited.

Ok, so I'm reading the C&P exam and it states that due to his "non" SC'd and SC'd disabilities he is unable to work, and if he did find work

would not be able to maintain it.

It was my understanding that the benifit of doubt goes to the vet.

Needless to say they denied it SOC states he is "considered capable of gainful employment based on a review of the evidence and facts."

It goes on to state that "the current orthopedic conditions and DM have not caused any significant unemployment history, and do not limit

any such future employment."

Bergie -

When he filed for IU in 2004 - have you seen where a doctor wrote,

"forced to quit working due to his SC'd total knee replacement".

Usually this gets a temporary 2 or 3 month temporary convalescence rating and then the VA orders

a new C&P for current level of disability. Perhaps this is why VA is wanting to reduce.

When was his other knee SC'd ?

It looks to me like his other knee was not SC'd when the 2004 claim for IU was made.

I don't see any medical evidence shown here that would put the medical evidence in relative equipoise

and as such, there is no BOD to apply.

I do not see any opening for a CUE claim here with what's been posted.

jmho,

carlie

WTF, he applied because the orthopedic condition had deteriorated, and the C&P doc stated as much. Is this a CUE or not!!!

Thanks,

Bergie

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I dont see CUE basis and think the issue of CUE has no bearing at this point.

Can you scan and attach here the exact wording of the Reasons and Bases for the VA's proposed reduction?

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The 2004 c&p exam says that a combination of NSC and SC conditions makes the vet unemployable. If must be solely due to SC conditions for IU. That c&p doctor shafted this older vet with that language. When NSC and SC are mixed in together it is often death to an IU claim. I know from experience. He needs a statement from a doctor saying solely due to his SC conditions he can't work. The VA did this to me writing the word "SOLELY" in caps and bold print because even though I was 70% the doctor mentioned a NSC condition. The VA blamed all my employment problems on the NSC condition. It took another IMO to get that right. That is what this vet needs.

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