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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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Raybob

Results Of Initial Claim

Question

I just retired on Jun1, 2010 after applying for C&P determinationin Dec 2009 under the Benefit Delivery at Discharge (BDD) program. My C&P exams were all done in Feb 2010. Overall, I was pleased with my 90% rating and do not compalin at all about such a beneficial rating.

However, there are some claims they said were NOT SERVICE CONNECTED (SC) but they are 100% issues contained in my Service Medical Records (SMRs) when I filed my claim. All of them are supported by multiple visits to service medical doctors for the related issues while I was on active duty.

My question is; Should I go back to counter these as truly being SC? or just let them go because overall they will have little effect on my overall current 90% rating ( I probably wont get enough to reach 100%).

These include:

1. skull loss (due to removal during two surgeries ((but only one when I first filed my claim))... VA states no skull loss, but my surgery transcript clearly states skull removal as a part of the surgery.

2. irritable bowel syndrome (multiple visits to doctors from 2005 to 2009 together with Xrays, MRIs, prescriptions, etc)

3. sciatica (specifically indicated by military doctors on multiple occassions)

There are also other issues but I find them acceptable as not being sometthing to link to military duty (such as skin/displastic nevus issues, Vitamin D defficiency, etc) although they also did occur and got treated while I was on active duty.

I am OK with at least the IBS and Sciatica being non-compensable because the sysmptoms occur infrequently... but the skull loss is documented and that wont change...

But I would at least think that the VA might show them as SC at a zero percent in the event I have future issues with them... all history and symptoms occurrd while on active duty.

Should I be satisfied with the 90% and just leave well enough alone, or should I go back to appeal these particular findings? What do I focus on in my rebuttal when they already have everything in my SMRs?

Thanks for any advice.

Cheers,

Ray

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I just retired on Jun1, 2010 after applying for C&P determinationin Dec 2009 under the Benefit Delivery at Discharge (BDD) program. My C&P exams were all done in Feb 2010. Overall, I was pleased with my 90% rating and do not compalin at all about such a beneficial rating.

However, there are some claims they said were NOT SERVICE CONNECTED (SC) but they are 100% issues contained in my Service Medical Records (SMRs) when I filed my claim. All of them are supported by multiple visits to service medical doctors for the related issues while I was on active duty.

My question is; Should I go back to counter these as truly being SC? or just let them go because overall they will have little effect on my overall current 90% rating ( I probably wont get enough to reach 100%).

These include:

1. skull loss (due to removal during two surgeries ((but only one when I first filed my claim))... VA states no skull loss, but my surgery transcript clearly states skull removal as a part of the surgery.

2. irritable bowel syndrome (multiple visits to doctors from 2005 to 2009 together with Xrays, MRIs, prescriptions, etc)

3. sciatica (specifically indicated by military doctors on multiple occassions)

There are also other issues but I find them acceptable as not being sometthing to link to military duty (such as skin/displastic nevus issues, Vitamin D defficiency, etc) although they also did occur and got treated while I was on active duty.

I am OK with at least the IBS and Sciatica being non-compensable because the sysmptoms occur infrequently... but the skull loss is documented and that wont change...

But I would at least think that the VA might show them as SC at a zero percent in the event I have future issues with them... all history and symptoms occurrd while on active duty.

Should I be satisfied with the 90% and just leave well enough alone, or should I go back to appeal these particular findings? What do I focus on in my rebuttal when they already have everything in my SMRs?

Thanks for any advice.

Cheers,

Ray

Only you can decide whether to file a NOD, but keep in mind YOU earned the benefits. You have a year from the date stamped on your SOC, what you can do is get a secondary diagnosis from another doctor and submit that evidence. Also, you might make copies of all the doctor notes pertaining to the IBS and bone loss in your skull and submit them. What I do is use a 21-4138 and list each item I'm submitting along with the number of pages for each item. This lets whoever at the VARO know you have this many items of evidence and each item has this many pages. You have to make it as easy as possible for these people if you want to win.

Hope this helps,

Bergie

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Raybob,

Thank you for your service.

I don't know the How, but I would definitely fight it.

The decision needs to match the facts.

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I agree w/Kelly!!! Get them changed now, as you may have more problems later and it will be much harder, to change, then. Plus, the difference, financially, between 90% and 100%, is substantial. jmo

pr

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Put in a NOD with Denovo review and you can request a DRO review and can ask for a personal hearing if you want to present evidence to the DRO in person too. Put in for TDIU as you can't work anymore too,right?

Time is money, and waiting makes you postpone getting more $. Any other evidence you may have that has not previously been submitted should be submitted here now too. Denial of skull portion is ridiculous. But we are talking about the VA raters/representatives who frequently miss imoportant things first time around.

Edited by halos2

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I just retired on Jun1, 2010 after applying for C&P determinationin Dec 2009 under the Benefit Delivery at Discharge (BDD) program. My C&P exams were all done in Feb 2010. Overall, I was pleased with my 90% rating and do not compalin at all about such a beneficial rating.

However, there are some claims they said were NOT SERVICE CONNECTED (SC) but they are 100% issues contained in my Service Medical Records (SMRs) when I filed my claim. All of them are supported by multiple visits to service medical doctors for the related issues while I was on active duty.

My question is; Should I go back to counter these as truly being SC? or just let them go because overall they will have little effect on my overall current 90% rating ( I probably wont get enough to reach 100%).

JMHO. Yes. Remember you have until Dec, 2010, to file a "Notice of Disagreement" NOD.

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