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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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sacknsue

Smc

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Last year, August 2009,I filed a claim for service connection of Bronchitis and COPD. I was granted service connection for both of the disabilities. My Pulmonary Function test which was required to evaluate all three conditions was below the required FEV-1/FVC of 40 perecent for all three disabilities. I am also oxygen dependent, have been from the first 100 perecent rating for Asthma since 2005. I also receivied an additional servie connection rating for depression. PROBLEM: I did not receive SMS becasue the Rater said I did not have a single rating of 100 perecent. Rule 4.96 states that ratings under these respiratory codes will not be combined with each other, a single rating will be assigned under the diagnostic code which refelects the predominant disability. According to the pulmonary function tests. I would have a 100 perecent single rating on all three because my test fell below the required 40 perecent level. My COPD has increase in severity and now warrants the higher evaluation. Question? If these three condition can not be combined according to the rule and my disablity warrants a 100 percent for each , can the Rater combine these and say I do not have a single rating of 100 percent.

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He is 100 percent for the lungs. The lungs are a bodily segement so only 1 100 percent rating will be allowed regardless of how many diseases are present.

To get SMC S he needs another separate 60 percent (Single or combibnation). I see he has 50.

Good luck.

J

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    • Rating "Protections"
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      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


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