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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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Deacon 2011

Should I Go For It?

Question

Team,

Retired from active duty in 06, submitted 15 years worth of documents from head injury (trigeminal neuralgia)... was only awarded 10% because the VA stated the trigeminal nerve was not paralyzed... appealed, denied. Fast forward to today... submitted same claim info back in March of 2010 as the condition worsened, listed the exact same conditions that have been ongoing and recorded for nearly 20 years... they changed the rating from 10% to 80%. Shouldn't they have done this from the beginning? Is this a CUE????

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I can't say whether it's CUE but you can try it. You'll need to show they erred in their original decision and that it was not just a differing opinion. Personally, there's enough money at stake that I'd try it. jmo

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Team,

Retired from active duty in 06, submitted 15 years worth of documents from head injury (trigeminal neuralgia)... was only awarded 10% because the VA stated the trigeminal nerve was not paralyzed... appealed, denied. Fast forward to today... submitted same claim info back in March of 2010 as the condition worsened, listed the exact same conditions that have been ongoing and recorded for nearly 20 years... they changed the rating from 10% to 80%. Shouldn't they have done this from the beginning? Is this a CUE????

Something is missing here! Did you also submitt evidence that the condition had worsened in March 2010? Was it based on a new C&P exam. Was there new medical evidence included (i.e., medical records post service)? A CUE only considers the medical evidence that was of record at the time of the initial decision.

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Did they use the same diagnostic code in 2010 as they did in the 2006 claim?

That is quite a jump from 10 to 80% in four years for the exct same disability.

Can you scan and attach here a copy of the 2006 10% award and their reasons ans bases? (Cover the personal stuff)

Are you employed?

Have you looked into the CRSC CRPD stuff?

. "was only awarded 10% because the VA stated the trigeminal nerve was not paralyzed..". appealed, denied. Fast forward to today... submitted same claim info back in March

Is there medical evidence to support that the nerve was Not paralyzed?

Is there medical evidence now to say it IS now paralyzed?

I am not familiar with this condition but was there a significant change when the nerve did become paralysed?

That is what might have warranted the 80% in 2010 but not in 2006.

What medical tests did they give you to determine the older rating and the more recent rating?

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Thanks Berta,

I will respond this evening with the comparison and codes from the 2006 claim vs. the 2010 claim.

I am no longer employed, due to complications, my family and I decided that it would be best for me to resign (Dec 2010) for the benefit of my heath and their sanity.

Read up on the CRPD stuff last night, still dont understand, despite my deployments, I dont have any listed combat related injuries

No medical evidence to support the nerve being paralyzed/not paralyzed

During the 2006 C&P exam, all they did was review my active duty medical records and perform a few "pricking" test to check for responsiveness of the nerve, all of the secondary conditions that existed then still exist but only worse hwever... the examiners notesindicat the the reson that only 10% was granted was due to the nerve not being paralyzed... with the current ratingthere is no mention of this, whether positive or negative.

Did they use the same diagnostic code in 2010 as they did in the 2006 claim?

That is quite a jump from 10 to 80% in four years for the exct same disability.

Can you scan and attach here a copy of the 2006 10% award and their reasons ans bases? (Cover the personal stuff)

Are you employed?

Have you looked into the CRSC CRPD stuff?

. "was only awarded 10% because the VA stated the trigeminal nerve was not paralyzed..". appealed, denied. Fast forward to today... submitted same claim info back in March

Is there medical evidence to support that the nerve was Not paralyzed?

Is there medical evidence now to say it IS now paralyzed?

I am not familiar with this condition but was there a significant change when the nerve did become paralysed?

That is what might have warranted the 80% in 2010 but not in 2006.

What medical tests did they give you to determine the older rating and the more recent rating?

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If you could find some evidence they ignored in the original decision that would have justified 80% then you might have something. I would go over the evidence the VA used in their rating very carefully to see if they left anything out of the rating decision.

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