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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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Custer

Need Advise

Question

This has been a wild week for me, First retired after 20 USA and have kept up with VA physicals and such . Have tried to start a claim and as everyone knows not easy. Do not have a rating yet. The things that I mentioned seem to be not that important to them and of course I get frustrated tring to deal with them. Over the years and while still active I have had headaches and when I look back I was rushed to the er for a extremly bad one at Ft hood. They just kept telling me stress and mortin. I decided to deal with it. After getting out I was admitted several years ago for stomach issues. They could not find a thing. I know no why I had a brain tummor. Which in a few hours will be operated on. Early this week my wife found me on the floor having a full blown seizure. I was out for about 3 hours and do not remember a thing. After talking to the doc it is very possible that this has been going on since the first major headache at ft hood. And the other day it was the big blow out . Apperantly the headaches and stomach as well as the other things were small mini seizures and this time the pressure was to much. My wife went to the VA and the only thing that she was offered was for them to transport me there. I do have med doc on a few times that I went for the headaches and I can get the doc on the stomach issues that I have had but that is it. My question is what do I have to do now or is there anything that I can do. I will no longer be able to drive and I have no idea how this is going to work with my job. I realize what ever can be done will not be easy. But is I understand this thng has been in my head for quite some time.She went to the VA rep but guess what out of town. I am signed up with them and the DVA. Please give me advise and how to handle this.

Thanks for you time. CAV

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4 answers to this question

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Welcome to Hadit

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Welcome, Custer.

I'm sorry to hear of the troubles you're having but glad you've got a diagnosis and are getting treatment.

First is to get medical records of all your treatment in service and after.

Others will help you from there.

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GEEEZ!!!!!! This is very upsetting.Obviously the Military has caused you harm via mis diagnosis.

The FERES Doctrine MUST be overturned because the military is getting away with malpractice and military members Cannot sue the Mil!

http://news.injuryboard.com/overturn-of-feres-doctrine-would-allow-military-malpractice-lawsuit-.aspx?googleid=272382

This young deceased New Yorker, Sgt Rodriguez, was deliberately misdiagnosed by the Mil so he would be fond fit for more duty.The case has caused a challenge to Feres!

"My question is what do I have to do now or is there anything that I can do. I will no longer be able to drive and I have no idea how this is going to work with my job"

After the surgery ( one of my husbands had brain surgery-they can do wonderful things these days and brain surgery is not as bad as it used to be)

you will need to get the medical records etc.

I dont know if you should contact a lawyer yet-because no one knows the outcome of the Feres challenge.

How long have you been officially retired from the USA? one week? THANK YOU for those long years of service!!!!!

This seems to me to be an obvious service connection award as to the brain tumor.The VA will rate the residuals as to how they affect your employability.

Have you considered CRDP or CRSC eligibility?

Did you get to all of the transition briefings?

Please keep up yopur spirits and I am sure the surgery will go OK. And please get back to us AS soon as you can regarding your claims.

Make sure every issue along with the brain tumor is stated in the claim.You will be filing the initial VA paperwork on a 21-526 form.

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You will need doctors to specifically review your service medical/ treatment records,

and state the brain tumor, seizures and headaches are more likely than not OR are

at least as likely or not a manifestation of symptoms/diagnosis, that in their medical opinion

began in service with headaches that are documented in the SMR/STR's, dated XX/XX/XXXX.

Also, at some time to get seizures (diagnostic codes 8910 / 8911) SC'd they are to be witnessed

by medical personel which isn't very easy but I believe any one that is a witness can provide a statement

as to what they have witnessed and submit it.

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