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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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TLaff

A Couple Questions

Question

I am presently waiting for a reply for a NOD to be re-rated because doctors said i was very under rated for a 3 level cervical fusion and DDD and from what i have read on Hadit it is better to wait until it is finished before sending in any new claims. My first question is this, my mental health doctor has diagnosed me with major depression due to all the pain from my DDD and headaches and migraines from my cervical fusion and stated it is SCD and prescribed me with prozac and medicine for migraines and i dont pay for them because its scd (does this mean its already considered secondary and i should just put a claim in for it ? and if so what should i expect for major depression ? she also increased my prozac). Second question i have seen some talk on Hadit about claims for scars, my scar on my neck in the front from my cervical fusion stands out much more than anyone else i have ever seen and itches all the time (is that a claim? if so what should i expect?) and third a bit embarrassing but here goes since i started taking prozac i have lost lobe-do desire and ability, my doctor has ordered some new medicine for me to try and i and my wife cant wait for it to arrive in the mail of course. I really need to stay on the prozac because it really helps but the prozac stops my ability completely, is this a claim also? any info would be greatly appreciated and further its been almost a year since i sent in my NOD to be re rated is there a number to call to check on its progress where they actually answer the phone?

TLAFF

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They dont "re rate' NOds but if thewy consider additional evidence,it could alter the denial.

"because doctors said i was very under rated for a 3 level cervical fusion and DDD "

Did those doctors document what they said and did they give a full medical rationale?

"does this mean its already considered secondary"

You can claim this as secondary, claims the scars as well, and also ask them for the SMC "K" award-if this is due to a SC med.

Are you waiting for a DRO review or did you ask for traditional claims process?

You could use the VA "contact Us" IRIS form at the VA web site for a status on your pending claim.

DO you have a vet rep?

The rating criteria for scars changed a little some time ago and should be found here under a search.

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I was originally given a 20% for my 3 level cervical and a 10% for my DDD and lumbar in which i had 3 different doctors tell me i was under rated so i sent a NOD and asked for a DRO review stating why i believe i should have a 50% for my cervical and lumbar and am awaiting and answer and it has been almost 10 months. I was told to wait until i get my increases before submitting any new claims and that is where i have just posted this information to ask about what i can claim and what to expect? I have done everything in the past my self only take it to Disabled Vets Office to mail it for me, i do not know how to obtain a rep or anything, can i obtain a rep to help me make claims at the VA? are they honest? will they help? what about this Dr. Craig Bash i hear about?

TLaff

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You can use the IRIS "Contact Us" system at the VA web site to try to get some sort of status on the DRO review-

thanks for clarifying this is what you requested.

There might be no status at all and it is difficult to know when these reviews will occur.

"n which i had 3 different doctors tell me i was under rated so i sent a NOD a"

Did they document this anywhere and if so-did you send VA a copy of it.

"ave done everything in the past my self only take it to Disabled Vets Office to mail it for me, i do not know how to obtain a rep or anything, can i obtain a rep to help me make claims at the VA? "

Why not ask them to help with your claim as your POA?

"what about this Dr. Craig Bash i hear about?"

Dr. Bash is a Neuro Radiologist, and has an extensive Curriculum Vitae of his experience,which he provides copy of if a vet or widow obtains an independent medical opinion from him.

He has a web site and I believe it is googoable under Medical adviser.

He did 2 separate IMos for me, at 2 thousand bucks each.

His medical opinion was the same as mine was when I filed my claim.

VA made the extraordinary statement that I was not competent enough to opine on the claim myself -

but I had previously won a FTCA case with no IMO at all.

He assessed a brief run down of my evidence via email and then called me up- basically he said if you got what you said you have this is good case.

I prepared the evidence well but he needed all VA med recs, and all SOCs SSOC etc etc.

I think I saved money by preparing this all well.His fee is based on research and time this all takes.I tabbed stuff in the stack to highlight what he needed for this specific claim.

I got the award I wanted.

Some IMOs are more expensive and some are far less.

I also had a freeby from a former VA doctor. The BVA gave the freeby as much weight as the other IMOs from Dr. Bash because the freeby corroborated the basis of the claim.

A DAV rep can help you claim the other issues and perhaps get some idea when the DRO review will take place.

He or she might see enough evidence to warrant a higher rating without needing a costly IMO.

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I assume you mean the DAV?

"Disabled Vets Office"

I could be wrong

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Yes

TLaff

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