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  • 14 Questions about VA Disability Compensation Benefits Claims


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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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Went to my final QTC C&P today. The exams come after a 21 month wait with zero movement.

The exam was for: Neck (increase), back (increase), left knee (increase),right knee (new), asthma (increase), sleep apnea (new), and flat feet (new).

Not many questions by the doc, which was odd to me, he didn't really seem interested in conversation.

Can a family practicioner complete a C&P exam specific to a majority weighted orthopedic related claim? You would think not, but as I'm not familiar with the policy concerning this, can someone shed some light on it for me please? One person told me that this would be the #1 reason for an appeal if the rating doesn't come back in my favor...

The exam consisted of knee, chest and lower back x-rays, range of motion with a goniometer (of which there is very little due to the constant pain), and PFT's (Pre and post inhalor). I didn't pre-medicate with my pain meds this time like I did in 2004. The whole exam took less then 30 minutes if I don't count the PFT's and x-rays.

Now it's all about back to waiting. Ebenefits says estimated time to completion of my claim is 24 August 2012. Not holding my breath.

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Sent the last of what I have in on all claims yesterday. Does anyone know if there's a way to tell the VA "this is all there is - please move along"?

There is, in that you can say in writing that you want the claim adjudicated, based upon the evidence you previously submitted and is of record.

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There is, in that you can say in writing that you want the claim adjudicated, based upon the evidence you previously submitted and is of record.

Chuck -

I did this and all were adjudicated. Then they added a dependency claim because they didn't have my youngest son's SSAN. I immediately called, then faxed it in and the claim has been waiting in the system since March 2012. Again, they have what they need and I'm already being compensated for my third child. Don't understand the hold-up in closing this one. I sent a document in for my oldest appeal (a "let's make a deal letter") simply requesting they return the rating from the down-graded 20% to the original 40% for knees only. They said it was pre-existing and it wasn't. I've sent proof of this as well. I just read in another thread that a member had an appeal newer than mine before a judge already and mine is still waiting at the SAME VARO. I'm glad for this vet that his issue was at least heard, but a bit ticked off at the VARO (what else is new??) that they put this claim before mine. I sent the ombudsman a note that I was dissatisfied with this, but I doubt it will be doing any good. I give up at this point. I don't have much more fight left.

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I doubt this will give any comfort to anyone who is waiting a year or more to have their claim adjudicated but one of the West Coast veteran organizations, Veterans For Common Sense (which I have no connection to), has been litigating the delay issue in the 9th Cir. for years. After the 9th Cir. denied their claim en banc the organization filed a writ of certiorari with the US Supreme Court. As I've experienced personnally, the percentage of grants at the Supreme Court is extremely small but its good to see some of these issues being addressed before the courts rather than the agency. Link to the organization's petition for writ is below for anyone interested.


Seth Director, Esq.

Fink, Rosner, Ershow-Levenberg, LLC

Clark, NJ 07066



blog at: http://legalnewsyoucanuse.com/category/va-benefits-news/

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wow...All I have to add is this...My husband filed for an increase on two serviced connected disabilities in 2008, at the time he added a new claim concerning a heart condition, we pulled all the service military records that pretained to his new disability, then all the records that pretained to the progession and a doctor's letter that connected his current condition to the condition that began during military service along with all lab results ecograms ect...that was in 2008 that was all submitted with doctor release forms ect. to make the VA rater job easier...well yesterday my husband finally went to the c/p...only to be told by the doctor that he hadn;t even reviewed any of the medical records...imagin that...then proceeded to ask if we knew where in the medical records he can find information relating to the claim...if I would have known we needed to bring a case file with us I would have gladly done so...lesson is...bring everything to the c/p all medical records. exrays, lab results...and if they let you your doctor! after 4 years of waiting...and on top of that for one of the conditions that was just for an increase...we did bring a copy of the doctor's medical report that stated that due to the progression and that all medical opitions have been exhusted that he highly recommends that Mr. xxxxxxx retires due to his physical restrictions. I told the C/P doctor he could keep that copy he told me he couldn't and that I would have to submit the doctor report to the VA so it could be placed in his records....frustrating needless to say...but as I told my husband if they deny his claim or low ball it...he now can go back and put in for 100% unemployable...since he can no longer work....I know the VA is overwhelmed....but so are the veterans....it is too bad the VA just can't farm out the Veterans to have C/P done. As they are now doing at some with Free basing out veterans for dental and other conditions like ear and eye examines and go by there determinations...jmho

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