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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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    • 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
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jbasser

Clear And Unmistakeable Error Explained Here

Question

We had Carrie weletz ont he SVR show,

Go to this link to listen.http: //www.svr-radio.com/images/20110517_Carrie_Weletz_.mp3

It is one of the best shows SVR has produced. and its only going to get better.

All of you CUE birds, this is a must.

Basser

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3 answers to this question

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Thanks, John!! I'll try to listen later today, or tomorrow. I'd like to point out, to everyone, that CUE's aren't that hard to win. I've assisted with a couple/few of them and won each time. The criteria looks hard but it really isn't that hard to meet. jmo

pr

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I agree Philip

as long as all of the medical evidence has been established-

then all the vet has to do is identify the legal error that altered the initial outcome.

actually it is more involved than that but

anyone with the VBM or who accesses BVA and CAVC can readily see why successful CUEs were awarded.

They are not a one shot deal either as in many cases where BVA denies the CUE, they point out the denial is not prejudicial (meaning if the veteran shapes the CUE differently , then it could possibly succeed.)

My CUE claims will be pending for 7 years soon.

Complete lack of rating and percentage for the veteran's established and fatal IHD under 1151 in 2 past unappealled decisions.

(Sameo sameo under the more recent direct SC award for DMII causing CVA and IHD due to AO)

And inaccurate ratings for the veteran's totally disabling CVA under 1151 (now direct SC under Nehmer)

and due to these errors SMC was denied as an accrued benefit.(SMC is mandated as an inferred issue when the medical evidence warrants consideration whether under 1151 or direct SC or-in my husband's case, under both.)

Three legal errors and two past decisions offered as proof of the decisions as well as other legal citations from OGC and BVA (only in legal respect as to those decisions)

These were very short CUEs that took up only half of a sheet of paper to explain and then refer to attached evidence and regulations.

The VA for the last 7 years so far has confounded the issues, failing to make any statement at all regarding my legal evidence.

These CUES are now under Nehmer and might be rendered moot by the new regs.

You are right in my opinion but anyone filing CUE must keep their focus simplified solely on the legal errors.

The VA might well attempt to confound the issues as in my case (they even wanted me to buy some pseudo 'reg' they made up)

but my focus for the last almost 7 years in any rebuttal I sent in -has always remained the same as to the legal errors they made.

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Excellent SVR episode and comments

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  • Our picks

    • 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.
      • 0 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
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 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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