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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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vet2010

P And T Or Tdiu

Question

I havel been member of this site for while and I did not see any questions pertaining to the following. If there are post that exit please guide me ti them before answering, Thans...

I retired from the Army in Oct 2010 and I received a 100% sc rating in Feb 2011. I need to know which route to take to maxamize the best results, money and family perks. Here goes,

1. 50% depression / Anxiety - VA state this could get better, I dont think so, I am now seeing a civilian doc and he put me Zoloft.

2. 50 Sleep Apnea

3. 40% Prostatis- VA state this could get better, my civilian urologist don't think so

4. 20% Gerd

5. 10% Tinnittis

6. Many 10% claims to equal 94.85 rounding me to the 95-100% mark.

7. 20% lower Back pain (L4-5 L3-4 and many more) docs stated I need a complete fusion however I refused it. My doc put me on Hydramorphine.

I recently filed for and was denied SSD however my lawyer is working the case. I worked for two weeks back in Feb and I couldn't maintain due to my depression and Anxiety so I quit.

Questions...

1. TDIU or P and T, which one would get me the most of everything?

2. Would it be best for me to file or get a VFW to help me, I think I could do it myself?

3. I recently had my first VA appt and I was in and out in an hour, my doc stated she would see me in 1 year. Do I need to continue to see my Civilian docs or to help my claim of P and T do I need to schedule all appts with VA, I really don't want to that?

4. I take over 8 pills a day and two of those are narcotics, on a really bad day I take over 13 pills, however day are as needed. Can I file a claim for this, taking meds that keep me in a state of confusion?

5. I was recently put on High Blood pressure and Cholestaral meds (VA doc) of which both were denied on my original claim. Woud this help my case of P and T?

6. I was denied my claim for Hemmoroids and I am filing a NOD would this help my claim?

I know this is a lot to answer but I really need the help.

Vet2010

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100% service connected and TDIU are basically the same thing as they pay the same amount of disability pay.

P & T is permanent and total where VA will pay for your dependents to go to college, health care for your dependents (CHAMPVA) and property tax exemptions, Since you are retired, you should have a military ID card for you and your dependents. There may be some state benefits but you will have to check them out.

You would need a doctor's statement that your conditions are either static or that it is not likely that your conditions will get better.

Basically you are maxed out unless your conditions warrants a SMC payment

Edited by pete992

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#1 Your already SC 100% scheduler, TDIU is for vets who cannot achieve the 100% scheduler but is disabled enough to be unemployable.

So P&T is the only way you can go.

#2 If you feel confident that you can fight it yourself than go for it. Members here will help you.

#3 Since your already 100% I would concentrate on your civ. dr's to get you the evidence for P&T.

To be granted P&T your dr's has to prove that your injuries will either stay the same or get worse during your lifetime.

#4 Meds can interrupt a persons daily life style. So yes you can add this towards your P&T claim

#5 What was the reason and basis it was denied?

#6 If your granted an award for them then yes if you can prove sitting and standing effects you severely.

The bottom line is you have to prove that at least one of your disabilities effects you employment wise to where you cannot work.

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I think my Pain Managment Doc will agree with me that I cannot hold gainful employment do to my Lower Back Pain. Will it be possible to try and kill two birds with one stone in that I can file a NOD for my 20% Lower Back and File for P and T at the same time or do you think I need to wait until I hear back from my NOD before I file for P and T?

vet2010

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You have 1 year to file your NOD, and that would start from the date you received the award letter granting you the 20% lower back disability. If it was included with the Feb. 2011 letter then that would be the start date. Now, if you are going to use your back disability as your main claim for P&T then I would start to get all the evidence from your Dr to state that you are unemployable and the reasons why. Then add that evidence along with the NOD that you disagree with the % that they awarded you. So another words, your claiming a higher % and P&T in the same NOD. Others here will chime in with their opinions as well. The members here will help you along with this claim so hang in there.

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You might also want to write the 1 year deadline date somewhere like a calender or some kind of a reminder tool. The faster you get the NOD in, the faster it goes thru the system. If you can afford to get an IMO (Independent Medical Opinion) and/or IME (Independent Medical Exam) it will help your claim also!

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