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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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  • 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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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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Maureenjls

No Prior Diagnosis

Question

My husband passed away suddenly in 1994 of severe occulsive coronary artery disease at 45 years of age. He was a disable veteran of the VN war with no previous diagnosis of this disease on his record. I do receive DIC payments because of the 10 year rule. My questions is....can his death be considered service connected now with the new IHD regulations. There are several State benefits I would be entitled to if his death was service connected. Thank you in advance

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Sorry for your loss and at such a young age. I don't know the answer to your question but I don't think the new ruling will allow earlier effective dates than July of this year.

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If you had filed a claim for DIC maybe Nehmer would apply. I wonder if this would make any difference since you get DIC anyway. Berta would know the answer. I know if a vet dies from direct SC the VA must pay something toward funeral costs. There is something about accrued benefits as well.

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"My husband passed away suddenly in 1994 of severe occulsive coronary artery disease at 45 years of age. He was a disable veteran of the VN war with no previous diagnosis of this disease on his record"

That was the same thing with my husband.The VA recently finally awarded my direct DIC death.I had Sec 1151 DIC up to that point.

Was he a VA patient? Or Did he receive private health care?"with no previous diagnosis of this disease on his record"???

"I do receive DIC payments because of the 10 year rule. My questions is....can his death be considered service connected now with the new IHD regulations. There are several State benefits I would be entitled to if his death was service connected. Thank you in advance "

What was he totally and permanently service connected for the ten year period?

I assume you received CHAMPVA and DEA benefits? Home Loan Guarantee Certificate? Funeral benefits?

I also assume you filed for DIC within one year after his death?

In my locale we have widow's property tax exemptions. Did the state turn you down ,by questioning your award letter?

I made assumptions here that might be all wrong.

From what I see you could re-open the claim for a proper rating of his fatal IHD (this does appear to be IHD)and ask them to consider his entitlement to Special Monthly Compensation as an accrued award to you under the Nehmer COurt Order.

I just filed a claim like that myself.My husband's heart disease was never rated by the VA but acknowledged in FTCA and 1151 documents and hidden in his medical records. His 100% CVA was a direct result of his SC diabetes and heart disease.

They had rated that as NSC and the rating was all wrong.

In most cases accrued awards only derive from DIC apps having been filed within one year after death.

I am pretty sure that provision does not apply to Nehmer claims.

There is considerable legalize on Nehmer-I have been studying it since the late 1990s and will try to find a citation on accrued awards.

When you re-open this claim --- (I am assuming that his heart disease was NOT reason for the 1318 award and that VA did not make posthumous SMC award to you)

I suggest doing what I did.

As mentioned the VA had malpracticed on Rod's Heart disease and therefore I had minimal med recs to prove it was IHD.

Bt I had an ECHO report and enough denoting cardia ischemia in the med recs and highlghted copies of them and sent them to VA with my claim.

I also re sent the autopsy and other findings from the legal actions (FTCA)

What disability was the 100% P & T 1318 award based on?

Do you have all private treatment records for his heart disease?

Was this a BVA award? If so can you give us the docket number and citation number so we can read it?

BVA cases are public knowledge at the BVA web site with no names or personal info.

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One more question-= 38 USC 1318 changed a few years ago- when was your actual DIC award made?

Also-you might need page 15 of this Training Guide that stillhere posted for us.

I sent them page 15 in support of my claim as my husband's AO IHD was never coded or rated by the VA and this caveat might be important to both you and to me for our AO claims.

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
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      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
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