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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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AM2 4MAN

Dro Results

Question

After electing to go the DRO way, earlier this year,today I got the piece of mail from the VA. After reading through the statementof case, it said that 2 of my ratings were being increased to 10% each and theother will stay at 0% effective Jan,2009

The packet of papers came with a VA form 9 at the back.

Now on the front it says under the What You Will Need To do- To complete your appeal,you must file a formal appeal. Does that mean that I need to fill out form 9with everything I stated in my NOD? I am happy with one of the three decisionsthat is stated in my statement of case that I received today, but I havemedical evidence that my symptoms are worse and getting worse on the other two.

My next question is regarding the pay; it says in the statement of case thatthe increases will be effective Jan 2009. I had one decision rating at 10% frombefore that I did not appeal. So now I will have 3 ratings at 10%. How does theVA determine the total disability pay for this? Will my rating still be 10% orwill increase? And if so will I get back pay to Jan 09?

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AM2 4MAN,

thanks for your service to the country.

In my opinion, I believe if you have 3 ratings at 10%, your combined rating with be 30%. There is a calculator on the site to use to determine it.

Maybe some other seasoned members will chime in as well.

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a. Disability - for pay purposes - is determined by Table i, 38 CFR 4.25 and by 38 CFR 4.26.

b. Yes. Anyway you compute the three 10%s will round up or down to 30%

c. Yes

Also, at 30%, you qualify for the additional kicker for dependents (if you are married and/or have dependent children). In your award package, there should be some statement about this and also a VA Form 21-686, Declaration of Status of Dependents. My suggestion ... fill it out.

(snip)

So now I will have 3 ratings at 10%. How does theVA determine the total disability pay for this? Will my rating still be 10% orwill increase? And if so will I get back pay to Jan 09?

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After electing to go the DRO way, earlier this year,today I got the piece of mail from the VA. After reading through the statementof case, it said that 2 of my ratings were being increased to 10% each and theother will stay at 0% effective Jan,2009

The packet of papers came with a VA form 9 at the back.

Now on the front it says under the What You Will Need To do- To complete your appeal,you must file a formal appeal. Does that mean that I need to fill out form 9with everything I stated in my NOD? I am happy with one of the three decisionsthat is stated in my statement of case that I received today, but I havemedical evidence that my symptoms are worse and getting worse on the other two.

My next question is regarding the pay; it says in the statement of case thatthe increases will be effective Jan 2009. I had one decision rating at 10% frombefore that I did not appeal. So now I will have 3 ratings at 10%. How does theVA determine the total disability pay for this? Will my rating still be 10% orwill increase? And if so will I get back pay to Jan 09?

AM2,

Congrats on the positive portions of your recently adjudicated issues.

Another example of favorable decisions on a SOC.

The 3 - 10 percent ratings equal about 27.1 so VBA will round up and pay comp at 30 percent.

Your back pay should be the difference in the 10 and 30 percent comp amounts, for however

many months back to Jan 09.

Here's a link to the comp rate tables to help.

http://www.vba.va.gov/bln/21/Rates/

Here's a link to the rate tables so you can figure a rough amount out for now.

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Don't forget you have 60 DAYS to summit the form 9. Contesting your claim for higher ratings, on the SOC there's an explanation of why VA couldn't assign the next higher rating allowed by the rating schedule. If you think your new evidence warrants a higher rating, then simply state that on the form 9 and attach your evidence to it. Either hand carry it or mail certified w/return receipt to your RO.

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