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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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Donna

"in Session Days" Or Calendar Days?

Question

I need clarfication please, in reading the CRA, I read it as the payments will be held up for 60 calendar days and total CRA for the purpose of getting a Resolution to stop the rule (no support for this) is 60 Congressional days or days they are "in session" If they were to call for a vote for a Resolution to stop the rule from going into effect and the resolution was voted down, it would end the CRA period. What about the money being held? The money is already appropriated but being held for 60 calendar days right?

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My opinion after dealing with VA for 2 decades is that the VA is not going to cut many checks at all on the day after the 60

day BS (ooops I mean VA- H VAC 60 day stuff)passes.

That would mean VA is actually working on each and every claim they got for IHD,Hairy Cell B and Parkinson's now.

As VA said, if the vet can have a doctor fill out the blank medical form ,their claim could go faster.Or if the vet or widow sends the VA enogh evidence of diagnosis of one of the presumptives (and especially any past decision denied foe the same thing, then that claim ( assuming exposure is confirmed) will be very easy to rate and award.

However- I discussed this wth the Nehmer expert lawyer at NVLSP- the VA is still going to send VCAA letters out to these veterans.

I felt the VCAA letter (taking more time to develop the claim) should not even be needed for many of the nobrainer IHD claims they will get but he said that,of course, the VA cannot prevent any vet or widow from their VCAA rights.

Many IHD vets will need C & Ps to reveal their current level of IHD disability-and many denied in the past surely even with that NSC rating then will have incurred a higher rating by now.

Widows with accrued claims due to IHD deaths that were denied in the past will also in many cases have to wait for the VA to determine a staged rating for proper accrued amounts.

It would be GREAT if the checks would be in the mail on Nov 1st 2010.

I just dont think anyone would want to depend on that at all.

Just my opinion.

I was in the Gardiner Stay (Moratorium) years ago and 1151ers expected once the stay was lifted their claims would go faster.

Their claims went slower.

Has anyone gotten a C & P yet for claim re: the new AO presumptives or a VCAA letter?

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Maybe this would help- here is part of Rick Spaturo's (NVLSP)email to me:

I asked him if the VCAA could be waived to speed up the obvious IHD claims that should be awarded.

"Hi Berta,

I don’t think the VCAA can be “waived” for any VA claims. However, for some time now the VA has had special procedures in place for AO-claims associated with IHD, Parkinson’s disease, and B-cell leukemias. Basically, they have been doing a lot of the development in anticipation of the regulation so that the claims are “ready to rate” when the final regulation is published. They have also proposed (not sure if it’s become final) a procedure in which veterans would be able to forego a VA C&P exam if their private doctor fills out a form providing the VA with sufficient information regarding diagnosis and symptoms/severity to rate the condition."

I don't have any status of the 'proposed procedure'he mentioned but it might be in the Nehmer training guide here and it seems to depend on having a 'private' doctor's medical statement.

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I like that scenario where he thinks the VA has already started processing and rating just as if it is a done deal. I agree the VA after all the bad press in the last few years probably really wants to hit the ground running on these.

I also think that most claims are going to be rubber stamped at first if the had something to do with any of these conditions I could be wrong but that is my opinion.

Webb got quite a bit of heat on this one it has tarnished his image as the go to senator to get things going for vets. He has a little bit of PR needed to get back on the right side.

Hmmm I wonder if Gates closing the base down in Norfolk was a little slap to get him back in line! Could just be a coincidence if it goes through could hurt that area and his base.

I still (and no Donna I don't have a crystal ball :):)) it will be December before any of us see money!

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Hello Berta: I have had 2 c&p for ihd 1 was doctor evaluation then 1 for ekg and 1 for heart ultrasound. Haven't heard anything since though.

My opinion after dealing with VA for 2 decades is that the VA is not going to cut many checks at all on the day after the 60

day BS (ooops I mean VA- H VAC 60 day stuff)passes.

That would mean VA is actually working on each and every claim they got for IHD,Hairy Cell B and Parkinson's now.

As VA said, if the vet can have a doctor fill out the blank medical form ,their claim could go faster.Or if the vet or widow sends the VA enogh evidence of diagnosis of one of the presumptives (and especially any past decision denied foe the same thing, then that claim ( assuming exposure is confirmed) will be very easy to rate and award.

However- I discussed this wth the Nehmer expert lawyer at NVLSP- the VA is still going to send VCAA letters out to these veterans.

I felt the VCAA letter (taking more time to develop the claim) should not even be needed for many of the nobrainer IHD claims they will get but he said that,of course, the VA cannot prevent any vet or widow from their VCAA rights.

Many IHD vets will need C & Ps to reveal their current level of IHD disability-and many denied in the past surely even with that NSC rating then will have incurred a higher rating by now.

Widows with accrued claims due to IHD deaths that were denied in the past will also in many cases have to wait for the VA to determine a staged rating for proper accrued amounts.

It would be GREAT if the checks would be in the mail on Nov 1st 2010.

I just dont think anyone would want to depend on that at all.

Just my opinion.

I was in the Gardiner Stay (Moratorium) years ago and 1151ers expected once the stay was lifted their claims would go faster.

Their claims went slower.

Has anyone gotten a C & P yet for claim re: the new AO presumptives or a VCAA letter?

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I had two vietnam buddies file in Jan this year for IHD, had their C/P's in Feb this year with follow up letters from the va telling them the va is waiting for the regs to be published..

Edited by buickx

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